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U.S. v. MARTINEZ

No. 89-5710.

905 F.2d 709 (1990)

UNITED STATES of America, Appellant v. Gilberto MARTINEZ.

United States Court of Appeals, Third Circuit.

Decided June 19, 1990.

Attorney(s) appearing for the Case

James J. West, U.S. Atty., Gordon A.D. Zubrod, William A. Behe (Argued), Asst. U.S. Attys., Harrisburg, Pa., for appellant.

Yvonne A. Okonieski, Anthony R. Sherr, Sherr, Joffe & Zuckerman, P.C., West Conshohocken, Pa., Carter G. Phillips, Mark D. Hopson (Argued), Juli E. Farris, Sidley & Austin, Washington, D.C., for appellee.

Before SLOVITER, HUTCHINSON, and COWEN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Gilberto Martinez, the appellee, was convicted under the mail fraud statute for his participation in a scheme to fraudulently obtain for a co-conspirator a medical license from the Commonwealth of Pennsylvania. After serving his sentence, Martinez filed a writ of error coram nobis, seeking to vacate his conviction on the ground that the Commonwealth was not deprived of property within the meaning of the...

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