Ryan v. U.S.

Dist. Ct. did not err in denying defendant’s habeas petition challenging his seven mail fraud and RICO convictions where: (1) RICO conviction was based on mail fraud convictions; and (2) Dist. Ct. gave jury instructions in mail fraud charges that, under Skilling, 130 S.Ct. 2896, improperly allowed jury to find that defendant was guilty of honest services fraud even if defendant had not taken any money in exchange for decisions over which defendant had control on behalf of state. However, any error in giving instant jury instruction was harmless where: (1) defendant’s convictions on four tax counts indicated that jury believed that defendant had knowingly accepted payments in exchange for official acts; (2) both defendant and govt. argued to jury that case was one about bribery, as opposed to case about receipt of undisclosed payments that created only conflict of interest for which defendant did not do anything in exchange; (3) jury must have found in mail fraud charges that defendant had actually accepted gifts from others with intent to influence his actions; and (4) such finding would be sufficient under Skilling to support at least two mail fraud charges, as well as resultant RICO charge.