United States v. 2010-09-27 | 07-30339 | USA V. WEYHRAUCH | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 UNITED STATES OF AMERICA, No. 07-30339
Plaintiff-Appellant, D.C. No.
v. 3:07-cr-00056-  JWS-JDR-2BRUCE WEYHRAUCH,
Defendant-Appellee. 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 conceal-
ment of a conflict of interest.” Because Skilling does not per-
mit the government to prove a violation of § 1346 on that
basis, we affirm the district court’s evidentiary order.
16355

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We express no opinion whether the evidence is otherwise
admissible, or whether the government has alleged facts suffi-
cient to pursue a § 1346 prosecution consistent with Skilling.
AFFIRMED AND REMANDED.
16356 UNITED STATES v. WEYHRAUCH

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