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U.S. v. PROWS

No. 95-4163.

118 F.3d 686 (1997)

UNITED STATES of America, Plainiff-Appellant, v. Tracy PROWS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 5, 1997.

Attorney(s) appearing for the Case

Richard D. McKelvie, Assistant United States Attorney, Salt Lake City, UT (Scott M. Matheson, Jr., United States Attorney, Salt Lake City, UT, with him on the brief), for Plaintiff-Appellant.

Craig S. Cook, Salt Lake City, UT, for Defendant-Appellee.

Before TACHA, BALDOCK and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Tracy Prows was convicted of mail fraud and wire fraud for his role in a scheme to obtain software from WordPerfect at discounted prices by misrepresenting the identity of the purchaser. After an unsuccessful appeal,1 Prows collaterally attacked his conviction under 28 U.S.C. § 2255, claiming that he had received ineffective assistance of counsel. The district court agreed and vacated the judgment. However, the...

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