Ryan v. United States
2011 U.S. App. LEXIS 13669
| 7th Cir. | 2011Background
- George Ryan, a former Illinois Governor, is imprisoned after racketeering, mail fraud, tax evasion, and lying to the FBI convictions.
- On direct appeal, convictions and sentences were affirmed; Skilling narrowed honest-services liability to bribery/kickbacks.
- Ryan filed a collateral attack under 28 U.S.C. §2255 arguing instructional and evidentiary errors, relying on pre-Skilling §1346 interpretations.
- District court held the alleged errors were harmless under collateral-review standards and denied relief.
- This appeal analyzes retroactivity of Skilling on collateral review and whether Ryan’s claims warrant relief based on current law, including actual innocence.
- The court ultimately affirms the judgment, holding Ryan could have been convicted under Skilling and remains not entitled to relief as of collateral-review standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Skilling on §2255 collateral review | Ryan argues Skilling applies retroactively to collateral review. | United States concedes retroactivity not decided, but contends harmlessness on record. | Skilling retroactivity not necessary to decide; relief denied while noting retroactivity question remains undecided. |
| Whether Ryan’s default on pre-Skilling arguments is excused by cause | Cause exists under pre-Skilling law due to error in Bloom-based instructions. | No meaningful cause; technical defaults do not warrant relief. | No relief based on collateral-review cause-and-prejudice; arguments not shown to be impeded. |
| Whether actual innocence standard allows relief | Actual innocence under Schlup/Bousley entitles relief if more likely than not no reasonable juror would convict. | Actual innocence not shown given trial record and Skilling potential conviction. | No actual-innocence showing that warrants acquittal on mail-fraud claims. |
| Whether record supports mail-fraud conviction under Skilling | Payments to Ryan could be bribes; Skilling permits conviction if such payments are bribes. | Under Skilling, honest-services requires bribery/kickbacks; not all payments qualify. | Record could support a jury finding of bribes; mail-fraud convictions upheld. |
| Impact of trial record versus jury instructions on collateral relief | Judicial errors in instructions should grant relief irrespective of Skilling. | Collateral relief focuses on current law applying to record, not trial misstatements. | Collateral relief denied; sufficient basis to sustain convictions under current standard. |
Key Cases Cited
- Skilling v. United States, 561 U.S. 358 (2010) (honest-services covered only bribery/kickbacks; retroactivity discussed on collateral review)
- Davis v. United States, U.S. 417 (1974) (collateral relief if custody violates Constitution or laws)
- Bousley v. United States, 523 U.S. 614 (1998) (actual innocence standard for §2255 relief; showing of actual innocence needed)
- Engle v. Isaac, 456 U.S. 107 (1982) (cause/prejudice standard for unaired collateral claims)
- Bailey v. United States, 516 U.S. 137 (1995) (novel claims cannot constitute cause for default)