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SALBERG v. U.S.

No. 91-3248.

969 F.2d 379 (1992)

Robert A. SALBERG, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1992.

As Amended July 22, 1992.

Attorney(s) appearing for the Case

Terrence M. Spears, Belvidere, Ill. (argued), for petitioner-appellant.

Ross O. Silverman, Asst. U.S. Atty. (argued), Office of U.S. Atty., Crim. Receiving, Appellate Div., Chicago, Ill., John G. McKenzie, Asst. U.S. Atty., Office of U.S. Atty., Rockford, Ill., for respondent-appellee.

Before CUDAHY, POSNER and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

In 1988 a jury convicted Robert Salberg of two counts of failure to file income tax returns and one count of tax evasion. Salberg appealed his conviction to this court and we affirmed. United States v. Salberg, 902 F.2d 37 (7th Cir.1990) (unpublished order). Salberg then petitioned the district court under 28 U.S.C. § 2255 to vacate his sentence arguing that his conviction was unlawful in light of Cheek v. United States, ___...

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