Document Type
Article
Publication Date
3-1-1988
Abstract
The United States District Court for the Southern District of New York (Brieant, Ch.J.) granted in part and denied in part Brian Ingber's motion for relief pursuant to 28 U.S.C. § 2255 and vacated one of his convictions for mail fraud in light of the Supreme Court's decision in McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). Ingber appeals from so much of the judgment as denied his request for relief, and the government cross-appeals from the district court's decision to vacate one of Ingber's convictions. We conclude that McNally applies retroactively to Ingber's convictions under 18 U.S.C. § 1341 and affirm the judgment of the district court.
Recommended Citation
Miner '56, Roger J., "Ingber v. Enzor, 841 F. 2d 450 - Court of Appeals, 2nd Circuit 1988" (1988). Circuit Court Opinions. 104.
https://digitalcommons.nyls.edu/circuit_opinions/104
Comments
841 F.2d 450 (1988)
Brian INGBER, Plaintiff-Appellant, Cross-Appellee, v. Lee ENZOR, Superintendent, FCI Danbury, Defendant-Appellee, Cross-Appellant.
Nos. 423, 670, Docket 87-2312, 87-2372.
United States Court of Appeals, Second Circuit.
Argued November 30, 1987.
Decided March 1, 1988.
New York Law School Location: File # 472, Box # 120