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.
Miner '56, Roger J., "Ingber v. Enzor, 841 F. 2d 450 - Court of Appeals, 2nd Circuit 1988" (1988). Circuit Court Opinions. 104.