Garrido

United States v. Garrido

Good Law
713 F.3d 985·2013 WL 1501877
United States Court of Appeals for the Ninth CircuitApril 15, 201306-50717, 06-50718California8,481 words

Opinion

Opinion

Pregerson, J.

Albert T. Robles (“Robles”) appeals his convictions for honest services mail and wire fraud ( 18 U.S.C. §§ 1341 , 1343, 1346), money laundering ( 18 U.S.C. § 1957 ), and bribery ( 18 U.S.C. § 666 ). George Garri-do (“Garrido”) appeals his convictions for honest services mail fraud ( 18 U.S.C. §§ 1341 , 1346). We have jurisdiction under 28 U.S.C. § 1291 .

After Robles and Garrido were convicted and sentenced, and while their cases were on appeal, the Supreme Court in Skilling v. United States, — U.S. -, 130 S.Ct. 2896 , 177 L.Ed.2d 619 (2010), narrowed the scope of 18 U.S.C. § 1346 to include only honest services fraud based on bribery and kickback schemes. Id. at 2933 . The Court prohibited prosecutions (such as those in this case) based on a failure to disclose a conflict of interest as unconstitutionally vague. Id. at 2932 . In light of Skilling , we reverse-Robles’s and Garrido’s honest services fraud convictions and reverse Robles’s money laundering convictions. We affirm Robles’s bribery convictions under 18 U.S.C. § 666 because such convictions do not require the defendant to be engaged in an official act. Accordingly, we remand for further proceedings consistent…

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