1. Home
  2. Browse Decisions
  3. F.3d
  4. 312 F.3d
  5. 312 F.3d 959 (2002)
 

PRESTON v. U.S.

No. 01-3035.

312 F.3d 959 (2002)

Kelly PRESTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 27, 2002.

Attorney(s) appearing for the Case

William L. Binkard, South Sioux City, NE, for appellant.

Janet L. Petersen, Asst. U.S. Atty., Sioux City, IA, for appellee.

Before MURPHY, BEAM, and MELLOY, Circuit Judges.

PER CURIAM.

Kelly Preston appeals from the district court's1 order dismissing his 28 U.S.C. § 2255 motion. Preston argues that his convictions for federal mail fraud cannot stand because the element of materiality was not submitted to the jury. After de novo review, we affirm. See United States v. Apker, 174 F.3d 934, 937 (8th Cir.1999) (standard of review).

In September, 1998, a jury...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases