United States v. Fred A. Shelton, United States of America v. Marvin James

SEYMOUR, Circuit Judge.

Fred A. Shelton and Marvin James brought habeas corpus actions pursuant to 28 U.S.C. § 2255 (1982), asserting that their convictions under the mail fraud statute, 18 U.S.C. § 1341 (1982), are invalid in light of the Supreme Court’s decision in McNally v. United States, — U.S. -, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). The district court ruled that McNally should not be given retroactive effect in the context of a section 2255 proceeding, and denied relief. We heard the resulting appeals en banc, and we now hold that McNally should be applied retroactively. We also hold…