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U.S. v. CALLANAN

No. 83-60101-DT.

671 F.Supp. 487 (1987)

UNITED STATES of America, Plaintiff, v. Evan CALLANAN, Sr., Evan Callanan, Jr., and Sam Qaoud, Defendant.

United States District Court, E.D. Michigan, S.D.

October 9, 1987.

Attorney(s) appearing for the Case

Sheldon N. Light, Detroit, Mich., for plaintiff.

Nicholas Smith, Southfield, Mich., for defendant Evan H. Callanan, Sr.

Harold Gurewitz, Detroit, Mich., for defendants Evan H. Callanan, Jr. and Sam Qaoud.

OPINION

GILMORE, District Judge.

Defendants Evan Callanan, Sr., Evan Callanan, Jr., and Sam Qaoud bring this action under 28 U.S.C. § 2255 to vacate their convictions in this case. They base their collateral attacks on McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), which they claim invalidates the mail fraud theory upon which they were charged and convicted, and requires that their convictions be vacated.

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