United States v. Botti, No. 10-3891 (2d Cir. 2013)
Annotate this CaseDefendant appealed from his conviction of honest services mail fraud. Defendant argued that the district court committed reversible error when it used a jury instruction on honest services mail fraud that allowed the jury to find him guilty of that crime without finding a bribery or kickback scheme, in contravention of the Supreme Court's decision in Skilling v. United States. The court held, under plain error review, that while the jury instruction was error, it did not merit reversal because bribery was the only theory of honest services mail fraud available to the jury based on the arguments and evidence at trial. Accordingly, the court affirmed the judgment.
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