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United States Fourth Circuit

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Bereano v. US, 12-6417

Petition for a writ of coram nobis, alleging that the decision in Skilling v. United States, 130 S. Ct. 2896 (2010), required vacatur of his mail fraud convictions, was properly denied, where: 1) although the Skilling decision limited application of the statutory term "intangible right of honest services," found in 18 USC section 1346, solely to those mail fraud prosecutions involving bribery or kickbacks, defendant also executed a fraud scheme involving money and property, implicating the pecuniary fraud theory of mail fraud, which was not affected by the Skilling decision; and 2) any Skilling error was harmless because the evidence of pecuniary fraud was more than sufficient and it was necessarily accepted by the jury, as reflected in the verdict.

Appellate Information

  • Decided 02/08/2013
  • Published 02/08/2013


  • KING


  • United States Fourth Circuit


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