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U.S. v. PELISAMEN

No. 10-10022.

641 F.3d 399 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Kaipat PELISAMEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 13, 2011.

Attorney(s) appearing for the Case

Douglas Cushnie, Esq. , Saipan, MP, for the appellant.

Kirk W. Schuler, Esq. , Assistant United States Attorney, Saipan, MP, for the appellee.

Before A. WALLACE TASHIMA, WILLIAM A. FLETCHER, and MARSHA S. BERZON, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

The United States Supreme Court has recently held that the offense of honest-services fraud codified at 18 U.S.C. § 1346 is unconstitutionally vague when applied to conduct other than bribery and kickbacks. Skilling v. United States, ___ U.S. ___, 130 S.Ct. 2896, 2931, 177 L.Ed.2d 619 (2010). In this case, we must decide whether a conviction for wire fraud remains valid where the...

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