United States v. Carrie Renee Gaudreau and Conrad Paul Gaudreau, AKA Joseph Gaudreau

HOLLOWAY, Chief Judge.

This appeal involves a constitutional challenge to Colorado’s commercial bribery statute, Colorado Revised Statutes §§ 18-5-401(l)(a) and (l)(d) (1986), when used as a component of a RICO prosecution. The defendants-appellees Carrie and Joseph Gaudreau, the remaining defendants involved on this appeal, argue that the state statute’s prohibition of a “knowing violation of a duty of fidelity” is unconstitutionally vague and therefore cannot form the basis of a racketeering charge. The district court agreed and dismissed the RICO counts of the indictment. 667 F.Supp. 1404.…