Legal Opinion
United States v. Bryser
District Court, S.D. New York
Decided November 16, 1993No. 93 Civ. 5859, 90 Cr. 274 (VLB)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM ORDER
BRIEANT, District Judge.
I-
Defendant Vincent DeGerolamo (the “defendant”) has moved pursuant to 28 U.S.C. § 2255 to vacate his conviction on grounds that the conduct proven at trial did not constitute mail or wire fraud under 18 U.S.C. §§ 1341, 1343- because of absence of misrepresentation, to the alleged victim of the scheme involved. The scheme was one to cause money to be placed with an armored car company for the purpose of stealing it.
Defendant claims that his contention is cognizable now despite affirmance of the con viction on direct appeal in United States v. Bryser,…
2Cases cited8 opinions
- McNally v. United StatesSupreme Court of the United States · 1987
- United States v. Jerry R. BohonusCourt of Appeals for the Ninth Circuit · 1980
- United States v. EvansCourt of Appeals for the Second Circuit · 1988
- United States v. Ronnie Bryser, Gerald Degerolamo, Vincent DegerolamoCourt of Appeals for the Second Circuit · 1992
- United States v. Melvin Miller and Jay AdolfCourt of Appeals for the Second Circuit · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Presidential Life SecuritiesDistrict Court, S.D. New York · 1994
- United States v. BryserDistrict Court, S.D. New York · 1994
- Epstein v. EpsteinDistrict Court, S.D. New York · 1994