Cleveland v. United States, 531 U.S. 12, 7 (2000)

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18

CLEVELAND v. UNITED STATES

Opinion of the Court

Murphy, 836 F. 2d 248, 254 (CA6 1988) (license to conduct charitable bingo games).

The Court of Appeals for the Fifth Circuit nevertheless affirmed Cleveland's conviction and sentence, United States v. Bankston, 182 F. 3d 296, 309 (1999), considering itself bound by its holding in United States v. Salvatore, 110 F. 3d 1131, 1138 (1997), that Louisiana video poker licenses constitute "property" in the hands of the State. Two other Circuits have concluded that the issuing authority has a property interest in unissued licenses under § 1341. United States v. Bucuvalas, 970 F. 2d 937, 945 (CA1 1992) (entertainment and liquor license); United States v. Martinez, 905 F. 2d 709, 715 (CA3 1990) (medical license).

We granted certiorari to resolve the conflict among the Courts of Appeals, 529 U. S. 1017 (2000), and now reverse the Fifth Circuit's judgment.

II

In McNally v. United States, 483 U. S. 350, 360 (1987), this Court held that the federal mail fraud statute is "limited in scope to the protection of property rights." McNally reversed the mail fraud convictions of two individuals charged with participating in "a self-dealing patronage scheme" that defrauded Kentucky citizens of "the right to have the Commonwealth's affairs conducted honestly." Id., at 352. At the time McNally was decided, federal prosecutors had been using § 1341 to attack various forms of corruption that deprived victims of "intangible rights" unrelated to money or property.2 Reviewing the history of § 1341, we concluded that "the original impetus behind the mail fraud statute was

2 E. g., United States v. Clapps, 732 F. 2d 1148, 1153 (CA3 1984) (electoral body's right to fair elections); United States v. Bronston, 658 F. 2d 920, 927 (CA2 1981) (client's right to attorney's loyalty); United States v. Bohonus, 628 F. 2d 1167, 1172 (CA9 1980) (right to honest services of an agent or employee); United States v. Isaacs, 493 F. 2d 1124, 1150 (CA7 1974) (right to honest services of public official).

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