United States v. Albert Louis Lipscomb, Cross-Appellee

WIENER, Circuit Judge:

Albert Lipscomb, a former member of the Dallas City Council, appeals his convictions for conspiracy and program bribery, in violation of 18 U.S.C. § 666 (“§ 666”). Whether he raises a constitutional challenge to his convictions, and, if so, how we should rule on that challenge, are questions that have divided our panel three ways, as will become clear from our separate writings. Despite this tripartite fractionation, however, different majorities of the panel conclude that (1) the question of § 666’s as-applied constitutionality is properly before the panel and should be…