U.S. v. MIRIKITANI

No. 02-10013.

380 F.3d 1223 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew K. MIRIKITANI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission November 7, 2003.

Resubmitted July 15, 2004.

Filed August 31, 2004.


Attorney(s) appearing for the Case

J. Michael Seabright, Assistant U.S. Attorney, Honolulu, HI, for the plaintiff-appellee.

Georgia K. McMillen, Law Office of Georgia K. McMillen, Wailuku Maui, HI, for the defendant-appellant.

Before: SCHROEDER, Chief Judge, ALARCON, and FISHER, Circuit Judges.


SCHROEDER, Chief Judge:

This is an appeal by a former Honolulu city official from a conviction for fraud and bribery under 18 U.S.C. § 666. We withheld our consideration pending the Supreme Court's decision in Sabri v. United States, ___ U.S. ___, 124 S.Ct. 1941, 158 L.Ed.2d 891 (2004), concerning the constitutionality of the statute. In light of that decision, we affirm the conviction.

Andrew K. Mirikitani was a member of the Honolulu City Council...

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