U.S. v. DAVIS

No. 88-3944.

873 F.2d 900 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. S. Robert DAVIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 25, 1989.

Rehearing and Rehearing Denied June 16, 1989.


Attorney(s) appearing for the Case

Dale E. Williams, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Columbus, Ohio, for the U.S., plaintiff-appellee.

Arthur F. Mathews (argued), Stephen W. Preston, Wilmer, Cutler & Pickering, Washington, D.C., Laura D. Byrne, Amlin, Ohio, and John J. Chester, Chester, Hoffman, Willcox & Saxbe, Columbus, Ohio, for S. Robert Davis, defendant-appellant.

Before NELSON and NORRIS, Circuit Judges, and FRIEDMAN, District Judge.


Rehearing and Rehearing En Banc Denied June 16, 1989.

DAVID A. NELSON, Circuit Judge.

Appellant S. Robert Davis was convicted of violating the federal mail fraud statute, 18 U.S.C. § 1341. This court overturned the conviction on the ground that the indictment, which was based on the "intangible rights" theory disavowed by the Supreme Court in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292...

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