923 F. 2d 864 - United States v. L Hartman

MEMORANDUM*

Ronald L. Hartman appeals the district court's denial of his petition for a writ of error coram nobis to vacate and set aside his criminal convictions. We affirm.

In 1985, Hartman pleaded guilty to mail fraud, interstate transportation of property obtained by fraud and income tax evasion. Hartman now contends that the Supreme Court's opinion in McNally v. United States, 483 U.S. 350 (1987), renders unlawful his convictions for mail fraud and interstate transportation of property obtained by fraud.

Hartman argues that at the time he entered his plea and at the sentencing hearing he effectively limited his guilty plea to those portions of the fraudulent scheme that involved only a scheme to defraud his employer of its intangible property. The Supreme Court held in McNally that such a scheme would not constitute a crime under the mail fraud statute. McNally, 483 U.S. at 356. Hartman would thus have us hold unlawful his convictions for mail fraud and interstate transportation of property obtained by fraud.

We decline to do so. Notwithstanding Hartman's challenge under McNally, there is a factual basis for Hartman's plea which supports his convictions for mail fraud and interstate transportation of property obtained by fraud. The scheme described by the government in the underlying information includes more than merely a scheme by Hartman to defraud his employer of its intangible property. It also includes, among other things, Hartman's misappropriation of corporate funds to pay his personal legal expenses, allegations that Hartman has not denied.

The judgment of the district court is AFFIRMED.