1. Title 18 U.S.C. § 1341 provides in relevant part:Whoever, having devised or intending todevise any scheme or artifice to defraud, orfor obtaining money or property by means offalse or fraudulent pretenses, ... places inany post office or authorized depository formail matter, any matter or thing whatever tobe sent or delivered by the Postal Service,..., or takes or receives therefrom, any suchmatter or thing, ..., shall be fined underthis title or imprisoned not more than fiveyears, or both.2. The wire fraud statute is identical to the mail fraud statuteexcept that the wrongdoer "transmits or causes to be transmittedby means of wire, ... any writings, signs, signals, pictures orsounds for the purpose of executing such scheme or artifice." 18U.S.C. § 1343.3. While Cleveland dealt only with the federal mail fraudstatute, it is also applicable to the federal wire fraud statute.SeeUnited States v. Tarnopol, 561 F.2d 466, 475 (3d Cir. 1977).-2-Supreme Court thereafter denied certiorari. Stewart v. UnitedStates, 528 U.S. 1063 (1999).I.Stewart's timely collateral attack first challenges hisconvictions for mail fraud under 18 U.S.C. § 1341
and wire fraudunder 18 U.S.C. § 1343.
To support his argument that theseconvictions must be vacated, Stewart relies on Cleveland v.United States, 531 U.S. 12, 121 S. Ct. 365 (2000), decided afterthe Supreme Court denied certiorari in this case, and thus afterhis conviction became final. Cleveland held that licenses issuedby states are not property within the meaning of the federal mailfraud statute.
Since the mail fraud statute "requires theobject of the fraud to be 'property' in the victim's hands," the