United States Sixth Circuit

Conviction for mail fraud and conspiracy to commit mail fraud in connection with the certain election fraud is reversed where defendant's conduct, as alleged in the indictment, could not be prosecuted under the mail fraud statute using either the honest services theory or salary theory of prosecution.

Appellate Information

• Decided 08/31/2006
• Published 08/31/2006

Judges

• GIBBONS, Circuit Judge., Before MOORE and GIBBONS, Circuit Judges;  SHADUR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Chad A. Readler, Jones Day, Columbus, Ohio, for Appellant.  Kenneth R. Taylor, Assistant United States Attorney, Lexington, Kentucky, for Appellee.   ON BRIEF:  Chad A. Readler, Mary Beth Young, Jones Day, Columbus, Ohio, Mark D. Chandler, Louisville, Kentucky, for Appellant.  Kenneth R. Taylor, Assistant United States Attorney, Lexington, Kentucky, for Appellee.