Fifth Circuit Reverses Most of U.S. v. Whitfield
The Fifth Circuit didn't throw out the convictions of Paul Minor, Wes Teel, and John Whitfield in their entirety in its anticipated U.S. v. Whitfield decision (link courtesy of Y'all Politics), but to quote Jim Croce, the government's case now looks like a jigsaw puzzle with a couple of pieces gone.
I'm still reading the opinion, which is lengthy, but with respect to Alan Lange's assessment, the judgments of the lower court do not appear to have been "largely affirmed." All that appears to be left in place is the portion that dealt with honest-services fraud -- a body of law currently under the hot lamps at the U.S. Supreme Court.
Minor and company haven't been driven home, but by appearances, they're standing on third with nobody out.
Minor's RICO count was also affirmed, though it's not clear to me what would be the effect of reversing the honest-services counts if SCOTUS strikes that statute.
The case shows the need of *some* statute like the "honest services" one. Very sad facts.
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