United States Seventh Circuit

Where the only change that new case law on wire fraud precipitated in the Seventh Circuit following the defendants' convictions was to require that a separate instruction on materiality be given to juries, such was a change in procedure, not in substantive law, and because defendants could establish neither cause for, nor prejudice from, their failure to raise their lack of a materiality instruction argument until their request for collateral relief, claim was barred.

Appellate Information

• Argued 01/07/2002
• Decided 03/11/2002
• Published 03/11/2002

Judges

• TERENCE T. EVANS, Circuit Judge., Before MANION, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas E. Brown (argued), Kathryn A. Keppel, Gimbel, Reilly, Guerin & Brown, Milwaukee, WI, for petitioners-appellants.


• For Appellees:
  
• Erica N. O'Neil (argued), Office of the U.S. Attorney, Milwaukee, WI, for respondent-appellee.