Ryan v. U.S.

Dist. Ct. did not err in denying defendant's habeas petition challenging his wire fraud/theft of honest services conviction on ground that, under Skilling, 130 SCt 2896, his jury instructions were defective because they permitted jury to convict him without finding existence of bribe or kickback. Defendant waived instant argument as to certain instructions since he proposed some of disputed instructions that were given by Dist. Ct. Moreover, Dist. Ct. could properly find on collateral review that defendant defaulted instant argument under "cause and prejudice" standard where: (1) nothing precluded defendant from making instant argument in Dist. Ct so as to explain his failure to raise instant argument in Dist. Ct.; and (2) defendant failed to show that he was actually innocent of wire fraud charge under standards set forth in Skilling since record compellingly established that defendant had received substantial payments from third-parties, and since jury could find that said payments were bribes.