Jay Messinger v. United States

ESCHBACH, Senior Circuit Judge.

The petitioner-appellant, Jay Messinger, appeals from the district court’s denial of his § 2255 motion to vacate his conviction and sentence. A jury convicted the appellant of mail fraud in violation of 18 U.S.C. § 1341. The trial court sentenced him to two years imprisonment and fined him one thousand dollars. A year after his conviction, the Supreme Court decided McNally v. United States, 483 U.S. 350, 359, 107 S.Ct. 2875, 2881, 97 L.Ed.2d 292 (1987), in which it held that the deprivation of intan gible rights alone could not support a conviction for mail…