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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.


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