United States v. Middendorf, 1:18-cr-00036-JPO

David Britt was convicted in 2020 in the Southern District of New York after pleading guilty to Conspiracy to Commit Wire Fraud under 18 U.S.C. § 1349.
As a non-citizen, Britt’s conviction was considered an aggravated felony, leading to a judicial order of removal from the U.S.
Post-conviction, the Second Circuit clarified in United States v. Blaszczak that misuse of intangible regulatory information does not meet wire fraud’s “property” requirement.
The indictments against Britt’s codefendants were dismissed on this basis.
Britt sought to vacate his conviction via writ of coram nobis, arguing the original conviction was constitutionally tainted.
The United States consented to Britt’s request, and Britt remains outside of U.S. custody.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Britt’s wire fraud conviction was valid post-Blaszczak	Conviction constitutionally defective; relied on intangible regulatory info that isn’t property.	No contrary argument; government conceded error.	Conviction vacated.
Whether circumstances required writ of coram nobis	Britt faces ongoing collateral consequences and is not in custody; relief needed for justice.	No opposition, government consents.	Writ of coram nobis granted.
Whether Britt’s Order of Removal should stand	Removal based on tainted conviction; should be vacated.	No opposition, government consents.	Removal order vacated.
Timing and appropriateness of seeking relief	Prompt petition after change in law and government action in codefendants’ cases.	No opposition, government consents.	Relief timely and appropriate.

United States v. Blaszczak, 56 F.4th 230 (2d Cir. 2022) (clarified intangible regulatory info is not 'property' for wire fraud)
United States v. Liguori, 438 F.2d 663 (2d Cir. 1971) (judgment tainted if property element not met)
Kovacs v. United States, 744 F.3d 44 (2d Cir. 2014) (writ of coram nobis appropriate when compelling circumstances require it)
Edwards v. United States, 564 F.2d 652 (2d Cir. 1977) (outlining standards for granting coram nobis)