U.S. v. SHAMY

No. 88-7085.

886 F.2d 743 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph E. SHAMY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1989.


Attorney(s) appearing for the Case

R. Stan Mortenson (Jay L. Alexander, Miller, Cassidy, Larroca & Lewin, Washington, D.C., on brief), for defendant-appellant.

Martin Stanley Himeles, Jr., Asst. U.S. Atty., New York City (Breckinridge L. Willcox, U.S. Atty., Washington, D.C., on brief), for plaintiff-appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and DOUMAR, District Judge, for the Eastern District of Virginia, sitting by designation.


PER CURIAM:

This case comes to us on appeal from the district court's denial of appellant's motion pursuant to 28 U.S.C. § 1651 for a writ of error coram nobis vacating his conviction for mail and wire fraud and racketeering. Because we find that the indictment and jury instructions in this case allowed conviction on a theory of mail and wire fraud that is invalid under McNally v. United States, 483 U.S. 350, 107...

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