UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 05-1954 & 05-2446
UNITED STATES OF AMERICA
v.
LAWRENCE McGEEHAN,
Appellant at No. 05-1954
KATHLEEN HALUSKA,
Appellant at No. 05-2446
D.C. Criminal Nos. 03-cr-0125-1 & 03-cr-0125-2
Present: SCIRICA, RENDELL and SMITH, Circuit Judges.
ORDER
Upon consideration of the Supreme Court’s decision in Skilling v. United States,
130 S.Ct. 2896, 2931 (2010), as well as the parties’ representations in their letter-briefs,
the precedential opinion and judgment filed on October 22, 2009, are hereby vacated. In
light of the Supreme Court’s holding in Skilling that 18 U.S.C. § 1346 covers only bribery
and kickback schemes, as well as the representations of the parties in their letter-briefs,
the judgment of the District Court as to counts 3, 5, 6, 7, 8, 9, 10, 11, 13, 19, 20, 21, and
22 of the Superseding Indictment is hereby vacated. The case is hereby remanded for the
District Court to consider Appellants’ argument that their convictions as to counts 23
through 29 were tainted by the introduction of evidence related to the mail and wire fraud
counts. We ask the District Court to address this argument in the first instance. In so
doing, the District Court should address the issue of whether, as the government urges,
this argument is not available to Appellant Haluska by virtue of her guilty plea. The
Clerk is directed to issue the mandate forthwith.
BY THE COURT,
/s/ Anthony J. Scirica
Circuit Judge
Dated: October 26, 2010
lwc/cc: Stephen H. Begler, Esq.
John A. Knorr, Esq.
Robert L. Eberhardt, Esq.
Laura S. Irwin, Esq.
Michael L. Ivory, Esq.
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