United States Sixth Circuit

A conviction on mail fraud charges arising from defendant's involvement in two Kentucky state elections is affirmed where defendant's conduct, as alleged in the indictment, may not be prosecuted under the mail fraud statute using either an "honest services" theory or "salary" theory of prosecution.

Appellate Information

• Decided 10/17/2006
• Published 10/17/2006

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.