United States v. Cory Eglash

I concur in Judge Christen’s opinion.

My concurrence with regard to affirming the conviction on count 4 depends on a recent decision of our court that is mistaken. Count 4 charges mail fraud based on the notice of award that the Social Security Administration mailed to Eglash. It does not refer to any mailing that Eglash made or caused another to make, in the sense required by the mail fraud statute. I agree with Judge Christen that our decision in United States v. Brown1 compels the result in this case. But Brown, I think, is a mistaken interpretation of the statute and the controlling…