United States v. Boyland, No. 15-3118 (2d Cir. 2017)Annotate this Case
Defendant appealed his conviction for 21 counts of public-corruption-related offenses. The Government conceded that, in light of McDonnell v. United States, 136 S. Ct. 2355 (2016), which narrowed the interpretation of "official act" within the meaning of the federal bribery statute, the instructions on Counts Five through Fifteen, the honest-services wire fraud counts, were erroneous. The Second Circuit held that the trial court's instructions on Counts Three, Four, Seventeen, and Nineteen through Twenty-One were not erroneous; that the instructions on the Hobbs Act and honest-services wire fraud counts, to which defendant did not object at trial, do not meet the "plain error" standard; and that defendant's other contentions provided no basis for reversal. Accordingly, the court affirmed the judgment.