United States v. Skilling

PRADO, Circuit Judge:

A jury convicted former Enron Corporation CEO Jeffrey K. Skilling (“Skilling”) for conspiracy, securities fraud, making false representations to auditors, and insider trading. Skilling argues that the government prosecuted him using an invalid legal theory, that the district court used erroneous jury instructions, that the jury was biased, that prosecutors engaged in unconstitutional misconduct, and that his sentence is improper. We affirm the con-fictions, vacate the sentence, and remand for resentencing.

I. Factual Background

Skilling’s rise at Enron began when he founded…