United States v. S. Robert Davis

DAVID A. NELSON, Circuit Judge.

Appellant S. Robert Davis was convicted of violating the federal mail fraud statute, 18 U.S.C. § 1341. This court overturned the conviction on the ground that the indictment, which was based on the “intangible rights” theory disavowed by the Supreme Court in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), was legally deficient. A superseding indictment was then returned, and Mr. Davis filed two motions to dismiss — one alleging a violation of the Double Jeopardy Clause and the other based on the statute of limitations. Both motions…