United States v. Carlos Marcello, United States of America v. Charles E. Roemer, II

POLITZ, Circuit Judge:

Convicted of conspiring to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(d) (1976), Carlos Marcello and Charles E. Roemer, II petition for relief under 28 U.S.C. § 2255 and by writ of error coram nobis, 1 respectively, contending that their convictions should be vacated in light of the Supreme Court’s decision in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). In these consolidated cases the district court denied relief to both petitioners. Concluding that both are entitled to the relief sought, we…