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U.S. v. DALE

No. 97-3023.

140 F.3d 1054 (1998)

UNITED STATES of America, Appellee, v. David M. DALE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1998

Rehearing Denied June 18, 1998.

Attorney(s) appearing for the Case

Jeffrey S. Parker, Fredericksburg, VA, argued the cause for the appellant.

Stuart G. Nash, Assistant United States Attorney, Washington, DC, argued the cause for the appellee. Mary Lou Leary, United States Attorney at the time the brief was filed, and John R. Fisher, Mary Patrice Brown, Thomas R. Eldridge and Mark H. Dubester, Assistant United States Attorneys, were on brief.

Before: WALD, SILBERMAN and HENDERSON, Circuit Judges.

Opinion for the court filed PER CURIAM.

Concurring opinion filed by Circuit Judge KAREN LeCRAFT HENDERSON.

PER CURIAM:

Appellant David M. Dale invokes the federal habeas corpus statute, 28 U.S.C. § 2255,1 to challenge his fraud and conspiracy convictions on the ground that under United States v. Gaudin, 515 U.S. 506, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995), issued after Dale's...

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