Sealed v. Sealed

JERRY E. SMITH, Circuit Judge:

The United States appeals an order commanding all executive branch agencies to expunge the records of a particular defendant’s overturned convictions. We reverse.

I

In 1986, the defendant (designated in the caption as “Sealed Appellee”) was convicted of wire fraud and conspiracy, and we affirmed. Before the appeal became final, however, the Supreme Court decided McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), which foreclosed one avenue for obtaining a wire fraud conviction. See McNally, 483 U.S. at 359-61, 107 S.Ct. at 2881-82.…