United States Ninth Circuit

In a matter of first impression, the pretrial order excluding evidence from a mail fraud prosecution is reversed and remanded in an interlocutory appeal by the government where: 1) 18 U.S.C. section 1346 establishes a uniform standard for "honest services" that governs every public official; and 2) the government does not need to prove an independent violation of state law to sustain an honest services fraud conviction.

Appellate Information

• Argued 08/04/2008
• Decided 11/26/2008
• Published 11/26/2008

Judges

• FISHER, Circuit Judge:, Before:  D.W. NELSON, A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Nicholas A. Marsh, Trial Attorney, United States Department of Justice, Criminal Division, Public Integrity Section, Washington, D.C., for the plaintiff-appellant.


• For Appellees:
  
• Douglas Pope, Pope & Katcher, Anchorage, AK, for the defendant-appellee.