United States v. Walter L. Mitchell, Jr.

Walter L. Mitchell, Jr. appeals the denial of a petition for collateral relief under 28 U.S.C. § 2255, in which he contends the Supreme Court’s narrow interpretation of the federal mail fraud statute in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), invalidated his earlier indictment and conviction. We conclude McNally is fully retroactive and reverse.

In May 1983, Mitchell was indicted for violations of the federal mail fraud statute, 18 U.S.C. § 1341. The indictment alleged that in exchange for more than $100,000, Mitchell used his position as a councilman for…