Kelly Preston v. United States

Kelly Preston appeals from the district court’s1 order dismissing his 28 U.S.C. § 2255 motion. Preston argues that his convictions for federal mail fraud cannot stand because the element of materiality was not submitted to the jury. After de novo review, we affirm. See United States v. Apker, 174 F.3d 934, 937 (8th Cir.1999) (standard of review).

In September, 1998, a jury convicted Preston of three counts of federal mail fraud in connection with the operation of a telemarketing business.2 Preston and a partner had devised a scheme by which customers responding to nationally-placed advertising…