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U.S. v. GAUDREAU

Nos. 87-2428, 87-2432.

860 F.2d 357 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Carrie Renee GAUDREAU and Conrad Paul Gaudreau, aka Joseph Gaudreau, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 9, 1989.

Attorney(s) appearing for the Case

Gerald J. Rafferty, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., and Bruce F. Black, Asst. U.S. Atty., Denver, Colo., were also on the brief), for plaintiff-appellant.

Charles Szekeley, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, Denver, Colo., was also on the brief), for defendant-appellee Carrie Gaudreau.

Jeffrey S. English, Lakewood, Colo., for defendant-appellee Conrad Paul Gaudreau.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and David L. Saine, Asst. Atty. Gen., Denver, Colo., filed a brief, for the State of Colo., as amicus curiae.

Before HOLLOWAY, Chief Judge, and McKAY and TACHA, Circuit Judges.

HOLLOWAY, Chief Judge.

This appeal involves a constitutional challenge to Colorado's commercial bribery statute, Colorado Revised Statutes §§ 18-5-401(1)(a) and (1)(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...

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