George Ryan v. United States
2012 U.S. App. LEXIS 16255
| 7th Cir. | 2012Background
- Ryan, former Illinois Secretary of State then Governor, was convicted of RICO, mail fraud, the IRS code, and false statements; convictions and sentence were affirmed on appeal.
- Jury instructions allowed conviction if Ryan accepted bribes or concealed payments creating a conflict of interest; second theory relied on 'honest services' theory rejected by Skilling.
- Skilling v. United States (2010) held only bribery or kickbacks support honest-services fraud, overturning prior intent under Bloom.
- Ryan moved under 28 U.S.C. §2255 challenging mail-fraud and RICO convictions; timing deemed timely and standards for collateral review discussed.
- The court considered whether harmless-error review applies on collateral review and whether differing standards from direct appeal apply; ultimately applied harmless-error analysis.
- The court concluded at least two mail-fraud convictions remain valid under Skilling, sustaining the RICO conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral review standard optimal? | Ryan argues collateral review should use the direct-appeal standard or a similar standard. | United States contends the same standard applies as direct appeal, but later adopts Wood framework via waiver. | Harmless-error review applicable on collateral review; standard differs from direct appeal. |
| Waiver under Wood v. Milyard? | Ryan relies on Wood to reconsider procedural grounds on collateral review. | United States claims no substantive waiver; procedural forfeiture occurred. | The court treats the government’s position as a waiver under Wood; proceeds with harmless-error analysis. |
| Sufficiency of mail-fraud evidence post-Skilling? | Ryan argues the jury may have convicted on nondisclosure rather than bribery. | Government contends there was substantial bribery evidence and consistent jury reasoning. | At least two mail-fraud counts sustain bribery-based theory; supports RICO predicate acts. |
| RICO conviction validity given mail-fraud findings? | Defective mail-fraud counts could vitiate RICO conviction. | Independent bribery findings and deliberate jury instructions support RICO. | RICO conviction and sentence affirmed; district court’s analysis upheld. |
Key Cases Cited
- United States v. Skilling, 638 F.3d 480 (5th Cir. 2011) (limits honest-services fraud to bribery or kickbacks)
- United States v. Black, 625 F.3d 386 (7th Cir. 2010) (post-Skilling reaffirmation of standards)
- Wood v. Milyard, 132 S. Ct. 2099 (U.S. 2012) (waiver vs. forfeiture; exceptional use of waived grounds)
- Spencer v. Kemna, 523 U.S. 1 (U.S. 1998) (collateral consequences and mootness constraints on collateral attacks)
- Spencer v. United States, 521 U.S. 773 (U.S. 1997) (context for collateral review considerations)
- Ray v. United States, 481 U.S. 736 (U.S. 1987) (congressional impact of concurrent sentences and special assessments)
- In re United States, 398 F.3d 615 (7th Cir. 2005) (courts respect deliberative processes in government prosecutions)
- United States v. Zingsheim, 384 F.3d 867 (7th Cir. 2004) (procedural considerations on collateral review)