Legal Opinion
United States v. Weyhrauch
Court of Appeals for the Ninth Circuit
Decided November 26, 2008No. 07-30339PublishedCited by 28 opinions
1Opinion of the Court
FISHER, Circuit Judge:
This is an interlocutory appeal by the government of the district court’s pretrial order excluding evidence from a mail fraud prosecution. It presents a matter of first impression in this circuit — -whether a federal honest services mail fraud prosecution under 18 U.S.C. §§ 1341 and 1346 requires proof that the conduct at issue also violated an applicable state law. Preliminarily, we must also address the government’s repeated failures to certify this appeal properly according to the jurisdictional requirements of 18 U.S.C. § 3731. We accept the government’s fourth…
2Cases cited21 opinions
- Neder v. United StatesSupreme Court of the United States · 1999
- McNally v. United StatesSupreme Court of the United States · 1987
- Cleveland v. United StatesSupreme Court of the United States · 2000
- Badders v. United StatesSupreme Court of the United States · 1916
- United States v. GraceCourt of Appeals for the Ninth Circuit · 2008
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Skilling v. United StatesSupreme Court of the United States · 2010
- United States v. BahelCourt of Appeals for the Second Circuit · 2011
- United States v. GreenCourt of Appeals for the Ninth Circuit · 2010
- United States v. Kincaid-ChaunceyCourt of Appeals for the Ninth Circuit · 2009
- United States v. InzunzaCourt of Appeals for the Ninth Circuit · 2011
23 more not listed; retrieve them via the Exa API.