In a wire fraud prosecution, the District Court's denial of Defendants' motion to dismiss the indictment on double jeopardy grounds is affirmed, where the Court of Appeals' earlier reversal of the verdict was premised narrowly and solely on the failure of the honest services charge against Defendants, and did not preclude other theories.
Appeal from the United States District Court for the Southern District of Texas
Filed on June 17, 2009
Before REAVLEY, WIENER, and SOUTHWICK, Circuit Judges.
Opinion by REAVLEY, Circuit Judge.