(DOWNLOAD) "Callanan V. United States" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Callanan V. United States
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 26, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Evan Callanan, Sr., a former Michigan state court judge, and his son, Evan Callanan, Jr., an attorney, were convicted in federal court on a number of charges, including mail fraud, brought in connection with a bribery scheme. After the convictions were affirmed by this court, the Supreme Court repudiated the "intangible rights" theory on which the Callanans' mail fraud convictions had been premised. McNally v. United States, 483 U.S. 350, 97 L. Ed. 2d 292, 107 S. Ct. 2875 (1987). Motions to vacate sentence under 28 U.S.C. § 2255 were denied by the district court, and the Callanans appealed again. We conclude that McNally must be applied retroactively and that the Callanans' mail fraud convictions must be vacated. With the exception of the younger Callanan's RICO and RICO conspiracy convictions, we shall allow the Callanans' other convictions to stand.
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