United States v. Edgar Alvirez, Jr.
713 F.3d 1003
9th Cir.
2013
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UNITED STATES of America, Plaintiff-Appellee, v. Edgar Mike ALVIREZ, Jr., Defendant-Appellant.

No. 11-10244

United States Court of Appeals, Ninth Circuit

April 15, 2013

Counts 16, 22, and 27 and Garrido‘s § 1346 honest services fraud convictions with respect to Counts 22 and 27, and ACQUIT Robles on Counts 16, 22, and 27 and ACQUIT Garrido on Counts 22 and 27 because these counts are based on

unconstitutional theory of a failure to disclose a conflict of interest in a state disclosure form, and because there is insufficient evidence to support Counts 16 and 27.

We REVERSE Robles‘s § 1957 money laundering convictions with respect to Counts 18 through 21 because they are predicated on the flawed honest services fraud convictions.

We AFFIRM Robles‘s § 666 bribery convictions with respect to Counts 33 through 37 because § 666 convictions do not require the defendant intended to be influenced in an official act.

We REMAND this case to the District Court for further proceedings consistent with this opinion.

Thus,

, is REVERSED and REMANDED; and
, is REVERSED in part, AFFIRMED in part, and REMANDED.

Heather Belt, Esquire, Assistant U.S. Attorney, USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.

Daniel L. Kaplan, Assistant Federal Public Defender, FPDAZ-Federal Public Defender‘s Office, Phoenix, AZ, for Defendant-Appellant.

Before: DOROTHY W. NELSON, JOHNNIE B. RAWLINSON, and SANDRA S. IKUTA, Circuit Judges.

ORDER

The opinion filed on March 14, 2013, published at

, is WITHDRAWN pending resolution of the petition for rehearing en banc in
. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Rodolfo TRUJILLO, aka El Negro, aka Alexander Quintana Ruiz, Defendant-Appellant.

No. 11-50353

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Jan. 8, 2013. Filed April 16, 2013.