36 Cited authorities

Neder v. United States
527 U.S. 1 (1999) Cited 4,955 times 31 Legal Analyses
Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
Skilling v. U.S.
561 U.S. 358 (2010) Cited 1,653 times 57 Legal Analyses
Holding that Hedgpeth's harmless-error approach applies on direct appeal
Yates v. United States
354 U.S. 298 (1957) Cited 952 times 6 Legal Analyses
Holding that a conviction must be reversed if the evidence in the record supports a legally impermissible ground as well as a legally permissible one and "it is impossible to tell which ground the jury selected"
U.S. v. Abuhamra
389 F.3d 309 (2d Cir. 2004) Cited 199 times 2 Legal Analyses
Holding that ex parte, in camera submissions from the government should generally not be entertained in denying bail release
United States v. Giancola
754 F.2d 898 (11th Cir. 1985) Cited 291 times
Adopting the reasoning of United States v. Miller, 753 F.2d 19 (3d Cir. 1985)
United States v. Ferguson
676 F.3d 260 (2d Cir. 2011) Cited 125 times 4 Legal Analyses
Finding a “general unanimity instruction” sufficient to ensure “the jurors unanimously agreed on the theory for conviction” because “a jury is unanimous even if some jurors convicted on a theory of principal liability and others on aiding and abetting”
U.S. v. Ganim
256 F. App'x 399 (2d Cir. 2007) Cited 117 times 4 Legal Analyses
Holding that § 666 criminalizes gratuities
United States v. Jefferson
674 F.3d 332 (4th Cir. 2012) Cited 103 times 3 Legal Analyses
Holding that Sun-Diamond does not overrule Birdsall on the scope of "official acts" under the bribery statute
United States v. Botti
711 F.3d 299 (2d Cir. 2013) Cited 86 times
Concluding that the appellant waived an argument because he presented it only "[i]n two footnotes in his briefs to this [c]ourt"
United States v. Hornsby
666 F.3d 296 (4th Cir. 2012) Cited 77 times 1 Legal Analyses
Vacating conviction following Skilling error on an honest services conviction where the court could not say with “fair assurance” that the jury convicted the defendant on the basis of the alleged kickback and not an invalid conflict-of-interest honest services theory
Section 3143 - Release or detention of a defendant pending sentence or appeal
18 U.S.C. § 3143 Cited 17,674 times 8 Legal Analyses
Requiring detention pending appeal unless the movant can show her appeal "raises a substantial question of law or fact likely to result in . . . a reduced sentence"
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 11,972 times 170 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 1951 - Interference with commerce by threats or violence
18 U.S.C. § 1951 Cited 11,591 times 51 Legal Analyses
Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”
Section 3572 - Imposition of a sentence of fine and related matters
18 U.S.C. § 3572 Cited 5,927 times 10 Legal Analyses
Recognizing limited circumstances upon which fine can be modified
Section 1349 - Attempt and conspiracy
18 U.S.C. § 1349 Cited 5,140 times 40 Legal Analyses
Criminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"
Section 201 - Bribery of public officials and witnesses
18 U.S.C. § 201 Cited 1,858 times 81 Legal Analyses
Using "proceeding" to refer to trials, hearings, or the like "before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer"
Section 666 - Theft or bribery concerning programs receiving Federal funds
18 U.S.C. § 666 Cited 1,580 times 51 Legal Analyses
Making it a crime to "obtain by fraud ... property"
Section 1346 - Definition of "scheme or artifice to defraud"
18 U.S.C. § 1346 Cited 1,290 times 55 Legal Analyses
Stating that term "scheme or artifice to defraud," as used inter alia in wire fraud statute, see id. § 1343, "includes a scheme or artifice to deprive another of the intangible right of honest services"
Section 457 - Deferred compensation plans of State and local governments and tax-exempt organizations
26 U.S.C. § 457 Cited 167 times 51 Legal Analyses
Stating that "[a]ll funds which shall be withheld or deferred . . . in accordance with this act shall remain an asset . . . of the political subdivision until such time as the funds are distributed to the participant or his beneficiary"

USA v. Skelos et al

36 Cited authorities

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

Holding that Hedgpeth's harmless-error approach applies on direct appeal

Holding that a conviction must be reversed if the evidence in the record supports a legally impermissible ground as well as a legally permissible one and "it is impossible to tell which ground the jury selected"

Holding that ex parte, in camera submissions from the government should generally not be entertained in denying bail release

Adopting the reasoning of United States v. Miller, 753 F.2d 19 (3d Cir. 1985)

Finding a “general unanimity instruction” sufficient to ensure “the jurors unanimously agreed on the theory for conviction” because “a jury is unanimous even if some jurors convicted on a theory of principal liability and others on aiding and abetting”

Holding that § 666 criminalizes gratuities

Holding that Sun-Diamond does not overrule Birdsall on the scope of "official acts" under the bribery statute

Concluding that the appellant waived an argument because he presented it only "[i]n two footnotes in his briefs to this [c]ourt"

Vacating conviction following Skilling error on an honest services conviction where the court could not say with “fair assurance” that the jury convicted the defendant on the basis of the alleged kickback and not an invalid conflict-of-interest honest services theory

Requiring detention pending appeal unless the movant can show her appeal "raises a substantial question of law or fact likely to result in . . . a reduced sentence"

Barring fraudulent schemes "for obtaining money or property"

Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”

Recognizing limited circumstances upon which fine can be modified

Criminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"

Using "proceeding" to refer to trials, hearings, or the like "before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer"

Making it a crime to "obtain by fraud ... property"

Stating that term "scheme or artifice to defraud," as used inter alia in wire fraud statute, see id. § 1343, "includes a scheme or artifice to deprive another of the intangible right of honest services"

Stating that "[a]ll funds which shall be withheld or deferred . . . in accordance with this act shall remain an asset . . . of the political subdivision until such time as the funds are distributed to the participant or his beneficiary"