MEMORANDUM
NANGLE, Chief Judge.
On June 2, 1987, defendants James Cullen, Eugene Slay and Leroy Tyus were convicted by a jury of violating the mail and wire fraud statutes, 18 U.S.C. §§ 1341 and 1343, in connection with their attempt to obtain a cable television franchise from the City of St. Louis. Following defendants' convictions, but prior to their sentencing, the United States Supreme Court decided McNally v. United States,
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