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U.S. v. DOE

No. 87-3135.

867 F.2d 986 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. John DOE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 1989.

Attorney(s) appearing for the Case

Bradley H. Lerman, Asst. U.S. Atty., Anton R. Valukas, U.S. Atty., Chicago, Ill., for plaintiff-appellant.

Patrick A. Tuite, Tuite, Mejia & Giacchetti, John L. Hines, Jr., Brent D. Stratton, Chicago, Ill., for defendant-appellee.

Before BAUER, Chief Judge, CUMMINGS, and CUDAHY, Circuit Judges.

BAUER, Chief Judge.

This case is before us on appeal from the district court's order granting appellee's petition for writ of error coram nobis pursuant to 28 U.S.C. § 1651(a). The district court found that appellee was convicted for conduct that was not criminal in light of the Supreme Court's decision in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). For the following reasons, we reverse...

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