USA v. Weyhrauch, No. 07-30339 (9th Cir. 2010)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellant, v. BRUCE WEYHRAUCH, Defendant-Appellee. ï£¼ ï£½ ï£¾ No. 07-30339 D.C. No. 3:07-cr-00056JWS-JDR-2 ORDER On Remand from the United States Supreme Court Filed September 27, 2010 Before: Dorothy W. Nelson, A. Wallace Tashima and Raymond C. Fisher, Circuit Judges. ORDER This case is on remand from the Supreme Court in light of the Court s decision in Skilling v. United States, 130 S. Ct. 2896 (2010). See Weyhrauch v. United States, 130 S. Ct. 2971 (2010). In light of Skilling, we affirm the district court s denial of the government s motion in limine. Under Skilling, nondisclosure of a conflict of interest is no longer a basis for prosecution under 18 U.S.C. § 1346. See Skilling, 130 S. Ct. at 2932. Skilling therefore precludes the government from offering evidence to prove a violation of § 1346 based on such nondisclosure. Here, the government sought to introduce evidence to prove a knowing concealment of a conflict of interest. Because Skilling does not permit the government to prove a violation of § 1346 on that basis, we affirm the district court s evidentiary order. 16355 16356 UNITED STATES v. WEYHRAUCH We express no opinion whether the evidence is otherwise admissible, or whether the government has alleged facts sufficient to pursue a § 1346 prosecution consistent with Skilling. AFFIRMED AND REMANDED.

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