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U.S. v. UTZ

No. 88-1713.

886 F.2d 1148 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome C. UTZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1989.

Attorney(s) appearing for the Case

Jerome C. Utz, pro se, Orinda, Cal., for defendant-appellant.

Vincent C. Gambale, U.S.Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWNING, BEEZER and KOZINSKI, Circuit Judges.

PER CURIAM:

Jerome C. Utz appeals the denial of his second petition for collateral relief under 28 U.S.C. § 2255, in which he contends that his conviction runs afoul of the Supreme Court's narrow interpretation of the federal mail fraud statute in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). Utz also appeals the district court's denial of an evidentiary hearing on his claim that prosecutorial...

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