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U.S. v. WEYHRAUCH

No. 07-30339.

548 F.3d 1237 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Bruce WEYHRAUCH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2008.

Attorney(s) appearing for the Case

Nicholas A. Marsh, Trial Attorney, United States Department of Justice, Criminal Division, Public Integrity Section, Washington, D.C., for the plaintiff-appellant.

Douglas Pope, Pope & Katcher, Anchorage, AK, for the defendant-appellee.

Before: D.W. NELSON, A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges.

FISHER, Circuit Judge:

This is an interlocutory appeal by the government of the district court's pretrial order excluding evidence from a mail fraud prosecution. It presents a matter of first impression in this circuit—whether a federal honest services mail fraud prosecution under 18 U.S.C. §§ 1341 and 1346 requires proof that the conduct at issue also violated an applicable state law. Preliminarily, we must also address the government's repeated...

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