Wright and his co-defendants were indicted and tried on both conflict of interest and bribery theories of honest services fraud. The district and circuit courts both denied bail pending appeal while Skilling was pending. After Skilling the parties renewed the motion, the government did not object, and the Third Circuit ordered bail pending appeal. On appeal, the defense pursued both a judgment of acquittal and a new trial. Among other arguments, the government asserted that any errors with regard to honest services fraud should not disrupt the conviction on the traditional mail fraud count.

Panarella pled guilty to a one-count superseding information, which charged him as an accessory after the fact to honest services wire fraud based on a theory of undisclosed self-dealing.  Panarella exhausted his direct appellate rights and, in light of the Skilling decision, petitioned for a writ of error coram nobis pursuant to 28 U.S.C. § 1651(a), the All Writs Act, on this one count. On July 29, 2011, the Court granted Panarella's petition.

Defendant was convicted on both bribery and conflict of interest theories. The convictions were affirmed on direct appeal. The defendant filed a § 2255 petition pre-Skilling and the government responded post-Skilling. The government has argued that the Skilling issue was clear enough to require counsel to raise it pre-Skilling, but not so clear as to render counsel constitutionally ineffective for failing to do so. Mariano has decided not to pursue the § 2255 further.

Lynch was convicted for conspiracy to commit honest services fraud. He filed a Motion to Vacate under 28 U.S.C. § 2255 and 28 U.S.C. § 1651(a). The Government opposed his motion. Since those filings, his supervised release terminated and thus he supplemented his Motion to Vacate with a Motion for Writ of Coram Nobis. The District Court granted Lynch's motions for writ of error coram nobis and to vacate judgment under 28 U.S.C. § 1651(a). The court therefore vacated and set aside his conviction and sentence, and also ordered the government to repay all fines Lynch paid.

Judgment of acquittal entered while awaiting sentencing after remand from third circuit. This case was indicted and tried on an undisclosed conflict of interest theory only. The district court entered judgment of acquittal after trial, on the theory that there was no proof that Carbo, a private citizen, knew of the public official’s disclosure duties. The third circuit reversed and remanded for sentencing.

Order granting compassionate release grant for defendant serving 20-year mandatory-minimum sentence for drug distribution and unlawful firearm possession, due to diabetes, high blood pressure, and liver abnormalities, during COVID-19 pandemic.

Brief of Amici Curiae American Civil Liberties Union of Pennsylvania and National Association of Criminal Defense Lawyers in Opposition to Government’s Motion for Reconsideration.