United States v. Radley

EDITH H. JONES, Chief Judge:

The United States appeals from the district court’s order dismissing the indictment of Appellees for wire fraud and violations of the Commodities Exchange Act (CEA), 7 U.S.C. § 13(a)(2). Because Appellees’ conduct fell within a statutory exemption for off-exchange commodities transactions, we affirm the dismissal of the indictment’s price manipulation and cornering counts. Although the CEA exemption does not necessarily inoculate Appellees from the wire fraud statute, we affirm the district court’s dismissal of the wire fraud counts.

I. Background

Appellees Mark…