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U.S. v. Dadanian

United States Court of Appeals, Ninth Circuit
Sep 9, 1988
856 F.2d 1391 (9th Cir. 1988)

Summary

granting petition for rehearing and reversing conviction on direct appeal

Summary of this case from United States v. Sandoval-Lopez

Opinion

Nos. 85-5095, 85-5248.

September 9, 1988.

Appeal from the United States District Court for the Central District of California.

Before CHAMBERS and KOZINSKI, Circuit Judges, and STRAND, District Court Judge.

The Honorable Roger G. Strand, United States District Judge for the District of Arizona, sitting by designation.


The petition for rehearing is granted.

We have reexamined our opinion, 818 F.2d 1443 (9th Cir. 1987), in light of the subsequent case of McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). We conclude that McNally was violated and that the failure to instruct the jury on the "property" element was not harmless error. See Rose v. Clark, 478 U.S. 570, 106 S.Ct. 3101, 3107-09, 92 L.Ed.2d 460 (1986); Pope v. Illinois, 481 U.S. 497, 107 S.Ct. 1918, 1921-22, 95 L.Ed.2d 439 (1987). We also conclude that the Dadanians' scheme to obtain the gambling license did not affect the City of Bell's interests as a property-holder. See McNally, 107 S.Ct. at 2881 n. 8. Cf. Carpenter v. United States, ___ U.S. ___, 108 S.Ct. 316, 98 L.Ed.2d 275 (1987). Moreover, the other convictions fail to supply the "property" element required under the mail fraud statute. See McNally, 107 S.Ct. at 2880-81. The Dadanians' convictions for mail fraud are reversed.

However, the judgment against defendants still stands as to counts ten, eleven, and twelve. The sentences on counts ten, eleven and twelve will remain intact. The court will vacate the sentences on the mail fraud counts.

The court disregards the request for rehearing en banc without prejudice to any party filing another petition for rehearing on the case as now modified.


Summaries of

U.S. v. Dadanian

United States Court of Appeals, Ninth Circuit
Sep 9, 1988
856 F.2d 1391 (9th Cir. 1988)

granting petition for rehearing and reversing conviction on direct appeal

Summary of this case from United States v. Sandoval-Lopez

gambling license

Summary of this case from Cleveland v. United States

gambling license

Summary of this case from U.S. v. Salvatore

gambling license

Summary of this case from U.S. v. Bucuvalas

In United States v. Dadanian, 856 F.2d 1391 (9th Cir. 1988), the court held, in a one-paragraph discussion, that defendants' fraudulent scheme to obtain a gambling license from a city did not satisfy the property requirement of McNally.

Summary of this case from U.S. v. Martinez

In United States v. Dadanian, 856 F.2d 1391 (9th Cir. 1988), we considered the issue of whether a license constitutes property under McNally and concluded that a fraudulent scheme to obtain a license "did not affect [a] city's interests as a property holder."

Summary of this case from United States v. Yasuhiro Kato

modifying decision in light of McNally by order granting petition for rehearing and reversing defendant's conviction for mail fraud

Summary of this case from U.S. v. Hilling

noting that legislative purpose of statute prohibiting illegal gambling business, 18 U.S.C. § 1955, was "to make it possible for the Federal government to intervene where local and state government have become incapable of law enforcement by reason of . . . corruption."

Summary of this case from U.S. v. Ferber

gambling license

Summary of this case from U.S. v. Cleveland

In Dadanian, the Ninth Circuit found that the defendants' scheme to obtain a gambling license, without disclosing the secret interest of others in a gambling club, did not deprive the city of any property interest, and, thus, held that McNally required reversal of the defendants' mail fraud convictions.

Summary of this case from U.S. v. Slay

In United States v. Dadanian, 856 F.2d 1391 (9th Cir. 1988), the court reversed a mail fraud conviction in a similar case because the alleged scheme did not have any effect on the alleged victim's property interests and did not involve a "property" interest cognizable under § 1341.

Summary of this case from United States v. Telink, Inc.
Case details for

U.S. v. Dadanian

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. GEORGE DADANIAN AND JEAN…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 9, 1988

Citations

856 F.2d 1391 (9th Cir. 1988)

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