United States v. Milovanovic

Opinion by Judge KLEINFELD; Dissent by Judge FERNANDEZ.

*407OPINION

KLEINFELD, Circuit Judge:

We address “honest services” mail fraud.

I. Facts

The district court dismissed the indictment before trial, so we describe the facts as though the indictment had been proved, which of course is not the case. The question is whether the charges, if proved, would amount to the crime charged.

According to the indictment, defendants Milovanovic and Lamb corrupted issuance of commercial drivers’ licenses in the State of Washington. The other four defendants, Hot, Kovacic, Bilanovic, and Djordjevic, took advantage…