Milovanovic

James A. McDevitt, United States Attorney, Timothy M. Durkin and Joseph H. Harrington, Assistant United States Attorneys, United States Attorney's Office, Spokane, WA, for the appellant.

Robert R. Fisher, Spokane, WA, for appellee Brano Milovanovic.

Joseph Nappi, Jr., Spokane, WA, for appellee Tony Gene Lam.

Frank L. Cikutovich, (briefed), Spoken, WA, for appellee Ismail Hot.

Dan B. Johnson, (briefed), Spokane, WA, for appellee Muhamed Kovacic.

Curran C. Dempsey, (briefed), Spokane, WA, for appellee Elvedin Bilanovic.

Gerald R. Smith, (briefed), Spokane, WA, for Aleksandar Djordjevic.

Before: FERDINAND F. FERNANDEZ, ANDREW J. KLEINFELD, and RICHARD R. CLIFTON, Circuit Judges.

Opinion by Judge KLEINFELD; Dissent by Judge FERNANDEZ.

KLEINFELD, Circuit Judge:

We address "honest services" mail fraud.

The district court dismissed the indictment before trial, so we describe the facts as though the indictment had been proved, which of course is not the case. The question is whether the charges, if proved, would amount to the crime charged.

According to the indictment, defendants Milovanovic and Lamb corrupted issuance of commercial drivers' licenses in the State of…