United States v. Danielczyk

OPINION

GREGORY, Circuit Judge:

The Government appeals the district court’s grant of William P. Danielczyk, Jr. and Eugene R. Biagi’s (the “Appellees”) motion to dismiss count four and paragraph 10(b) of the indictment, alleging that they conspired to and did facilitate direct contributions to Hillary Clinton’s 2008 presidential campaign in violation of 2 U.S.C. § 441b(a) of the Federal Election Campaign Act of 1971 (“FECA”), and 18 U.S.C. § 2.1 The district court reasoned that in light of Citizens United v. Federal *614Election Commission, — U.S. -, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010), § 441b(a)…