United States v. Richard M. Dray
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
Like a phoenix, this case arises for a second time, but with all the ascendant vigor of its first incarnation. And, like its legendary avine counterpart, this bird, too, turns to ashes. The tale follows.
I. BACKGROUND
In February 1987, defendant-appellant Richard Dray, along with Paul Ochs, was convicted of conspiracy to commit mail fraud. 18 U.S.C. §§ 371, 1341 (1982). At the same trial, Dray and Ochs were acquitted on five substantive mail fraud counts. In the aftermath of the Court’s opinion in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292…
2Cases cited35 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Huddleston v. United StatesSupreme Court of the United States · 1988
- Dowling v. United StatesSupreme Court of the United States · 1990
- McNally v. United StatesSupreme Court of the United States · 1987
- Yates v. United StatesSupreme Court of the United States · 1957
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