United States v. Pelisamen

OPINION

TASHIMA, Circuit Judge:

The United States Supreme Court has recently held that the offense of honest-services fraud codified at 18 U.S.C. § 1346 is unconstitutionally vague when applied to conduct other than bribery and kickbacks. Skilling v. United States, — U.S. -, 130 S.Ct. 2896, 2931, 177 L.Ed.2d 619 (2010). In this case, we must decide whether a conviction for wire fraud remains valid where the language of the indictment and the evidence offered by the government support a “money or property” theory of fraud, where the jury was instructed on both a “money or property” theory and an…