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U.S. v. BLOOM

No. 98-1361.

149 F.3d 649 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Lawrence S. BLOOM, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 1998.

Rehearing is Denied August 13, 1998.

Attorney(s) appearing for the Case

Dean J. Palales, Barry Rand Elden, Chief of Appeals (argued), Office of the United States Attorney, Criminal Division, Chicago, IL, for Plaintiff-Appellant.

Daniel E. Reidy (argued), Jones, Day, Reavis & Pogue, Chicago, IL, for Defendant-Appellee.

Before BAUER, EASTERBROOK, and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

An indictment charges Lawrence Bloom — between 1979 and 1995 the Alderman for Chicago's Fifth Ward — with corruption in office. The question presented by the prosecutor's interlocutory appeal under 18 U.S.C. § 3731 is whether a portion of Count I, which accuses Bloom of mail fraud, charges a public-capacity or only a private-capacity offense. The district court dismissed Count I to the extent it alleges that Bloom schemed...

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