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ALLEN v. U.S.

No. 88-5250.

867 F.2d 969 (1989)

James M. ALLEN, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 16, 1989.

Attorney(s) appearing for the Case

Tyree B. Harris (argued), Harris & Harris, Nashville, Tenn., for James M. Allen, petitioner-appellee.

Joe B. Brown, U.S. Atty., James C. Thomason, III, Asst. U.S. Atty. (argued), Office of the U.S. Attorney, Nashville, Tenn., for the U.S., respondent-appellant.

Before JONES and NORRIS, Circuit Judges, and CONTIE, Senior Circuit Judge.

ALAN E. NORRIS, Circuit Judge.

James M. Allen was convicted of mail fraud and conspiracy to commit mail fraud in violation of 18 U.S.C. §§ 1341 and 371. Those convictions were affirmed by an en banc panel of this court in United States v. Blanton, 719 F.2d 815 (6th Cir.1983), cert. denied, 465 U.S. 1099, 104 S.Ct. 1592, 80 L.Ed.2d 125 (1984), prior to the Supreme Court's decision in McNally v. United States...

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