United States Fifth Circuit

In a prosecution for mail fraud based on alleged activities involving election fraud in Louisiana, dismissal of mail fraud counts based on a conclusion that the indictment did not allege a scheme to defraud anyone of money or property, thereby failing to state the offense of mail fraud under 18 U.S.C. section 1341, is affirmed over the government's claim that a scheme to obtain the salary and employment benefits of elected office through election fraud satisfies the requirements of the mail fraud statute.

Appellate Information

• Decided 05/31/2007
• Published 06/01/2007

Judges

• KING, Circuit Judge:, Before KING, GARZA and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Corey Ross Amundson (argued), M Patricia Jones, Asst. U.S. Atty., Baton Rouge, LA, Michael R. Dreeben, U.S. Dept. of Justice, Washington, DC, for U.S., Lewis O. Unglesby (argued), Unglesby Law Firm, John A. Baker, LA State University, Paul M. HebertLaw Ctr., Baton Rouge, LA, for Ratcliff.