United States v. Walter L. Mitchell, Jr.

Walter L. Mitchell, Jr. appeals the denial of a petition for collateral relief under 28 U.S.C. § 2255 , in which he contends the Supreme Court’s narrow interpretation of the federal mail fraud statute in McNally v. United States, 483 U.S. 350 , 107 S.Ct. 2875 , 97 L.Ed.2d 292 (1987), invalidated his earlier indictment and conviction. We conclude McNally is fully retroactive and reverse.

In May 1983, Mitchell was indicted for violations of the federal mail fraud statute, 18 U.S.C. § 1341 . The indictment alleged that in exchange for more than $100,000, Mitchell used his position as a councilman for the City of Redondo Beach to help secure zoning approval for a condominium conversion while publicly maintaining he had no financial interest in the project and no conflict of interest. The indictment alleged Mitchell’s conduct constituted a scheme to defraud the city and its citizens of “[tjheir right to have the business and affairs of the City ... conducted honestly” and “[tjheir right to the loyal, honest and disinterested services, actions, decisions and performance of duties by defendant” in his capacity as a member of the city council. A jury convicted Mitchell, he appealed, and…