United States v. Darryl S. Granberry

ARNOLD, Circuit Judge.

This is a mail-fraud case. The District Court, 725 F.Supp. 446, dismissed the indictment for failure to allege an offense against the United States. It held that defendant, even assuming all of the well-pleaded facts in the indictment to be true, had not obtained any “money or property” within the meaning of 18 U.S.C. § 1341, as construed by the Supreme Court in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). We reverse.

The government charges that the defendant obtained a Missouri school-bus-operator permit from the Missouri Department of…