HOWARD v. U.S.

No. 91-2249.

962 F.2d 651 (1992)

H. Kent HOWARD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 1992.


Attorney(s) appearing for the Case

Kevin McShane (argued), McShane & Inman, Indianapolis, Ind., for petitioner-appellant.

Mark D. Stuaan, Asst. U.S. Atty. (argued), Indianapolis, Ind., for respondent-appellee.

Before FLAUM and KANNE, Circuit Judges, and SHABAZ, District Judge.


SHABAZ, District Judge.

On September 12, 1985 petitioner H. Kent Howard was convicted of mail fraud and false statements on his tax returns in violation of 18 U.S.C. §§ 1341, 1342 and 26 U.S.C. § 7206(1). On October 2, 1987 he filed an alternative motion to vacate his conviction pursuant to 28 U.S.C. § 2255 or for a writ of error coram nobis. On February 9, 1988 the district court vacated Howard's conviction of mail fraud based upon the Supreme...

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