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DEWALD v. WRIGGELSWORTH

No. 12-2076.

748 F.3d 295 (2014)

Jerome Westfield DEWALD, Petitioner-Appellee, v. Gene WRIGGELSWORTH, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 7, 2014.

Rehearing En Banc Denied May 9, 2014.

Attorney(s) appearing for the Case

ARGUED: Linus Banghart-Linn , Office Of The Michigan Attorney General, Lansing, Michigan, for Appellant, J. Nicholas Bostic , Bostic & Associates, Lansing, Michigan, for Appellee. ON BRIEF: Mark G. Sands , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant, J. Nicholas Bostic , Bostic & Associates, Lansing, Michigan, for Appellee.

GILMAN, J., delivered the opinion of the court, in which DONALD, J., concurred. COLE, J. (pp. 12-21), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

The district court granted habeas relief under 28 U.S.C. § 2254 to Jerome Westfield Dewald with regard to his state convictions for common-law fraud and larceny by conversion, which arose from Dewald's diversion of presidential campaign contributions into a bank account that he controlled. In doing so, the court concluded that the Federal Election Campaign Act (FECA), 2 U.S.C. §§ 431 et seq.,

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