United States v. George Dadanian and Jean Dadanian

CHAMBERS, Circuit Judge:

The petition for rehearing is granted.

We have reexamined our opinion, 818 F.2d 1443 (9th Cir.1987), in light of the subsequent case of McNally v. United States, — U.S. —, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). We conclude that McNally was violated and that the failure to instruct the jury on the “property” element was not harmless error. See Rose v. Clark, 478 U.S. 570, 106 S.Ct. 3101, 3107-09, 92 L.Ed.2d 460 (1986); Pope v. Illinois, 481 U.S. 497, 107 S.Ct. 1918, 1921-22, 95 L.Ed.2d 439 (1987). We also conclude that the Dadanians’ scheme to obtain the gambling license…