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U.S. v. SHELTON

Nos. 87-2865, 88-1017.

848 F.2d 1485 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Fred A. SHELTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Marvin JAMES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 26, 1988.

Attorney(s) appearing for the Case

Gerhard Kleinschmidt, Fort Worth, Tex., for defendant-appellant Shelton.

Charles Gaunce of Stipe, Gossett, Stipe, Harper, Estes, McCune & Parks, Oklahoma City, Okl., for defendant-appellant James.

Roger Hilfiger, U.S. Atty., E.D. Oklahoma, and Sara Criscitelli, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, McKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, and BALDOCK, Circuit Judges.

SEYMOUR, Circuit Judge.

Fred A. Shelton and Marvin James brought habeas corpus actions pursuant to 28 U.S.C. § 2255 (1982), asserting that their convictions under the mail fraud statute, 18 U.S.C. § 1341 (1982), are invalid in light of the Supreme Court's decision in McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). The district court ruled that McNally should not be given retroactive effect in the context of a...

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