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U.S. v. GOTTLIEB

No. 79 CR 279.

738 F.Supp. 1174 (1990)

UNITED STATES of America, Plaintiff, v. Irving L. GOTTLIEB, and J. Howard Segal, Defendants.

United States District Court, N.D. Illinois, E.D.

June 5, 1990.

Attorney(s) appearing for the Case

James P. Flessner, U.S. Attorney's Office, Chicago, Ill., for plaintiff.

Brent D. Stratton, Tuite, Mejia & Giacchetti, P.C., Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

In the wake 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), defendants Irving L. Gottlieb ("Gottlieb") and J. Howard Segal ("Segal") filed motions to vacate their respective convictions under the mail fraud statute, 18 U.S.C. § 1341. The mail fraud statute contains two elements: the existence of...

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