United States v. Asher, Robert B.

A. LEON HIGGINBOTHAM, JR., Circuit Judge,

concurring in part and dissenting in part.

Although the majority believes the primary question before us is the effect of United States v. McNally upon appellant’s mail fraud and related convictions, I am convinced that a principled approach to this appeal begins and ends by assessing the only aspect of this appeal that clearly bears upon every count of appellant’s convictions: the propriety and effect of the district court’s decision to admit into evidence a prosecution witness’s prior hearsay statement. Along with the majority, I conclude that the…