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United States v. Holzer (Holzer II)

840 F.2d 1343 (1988)

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United States v. Holzer (Holzer II)

United States Court of Appeals for the Seventh Circuit
840 F.2d 1343 (1988)

  • Written by Arlyn Katen, JD

Facts

A federal jury convicted former Illinois state trial judge Reginald Holzer (defendant) of mail fraud pursuant to 18 U.S.C. § 1341, extortion under the Hobbs Act, and a violation of the Racketeer Influenced and Corrupt Organizations Act. Over many years, Holzer received many loans that he did not intend to repay from attorneys who appeared before Holzer or receivers who Holzer appointed. The government (plaintiff) characterized Holzer’s loan requests as a scheme to defraud litigants, the general public, and the Illinois government of the intangible right to honest judicial administration (the intangible-right theory of fraud). The United States Court of Appeals for the Seventh Circuit affirmed Holzer’s mail-fraud conviction in United States v. Holzer, 816 F.2d 304 (1987) (Holzer I). Holzer petitioned the United States Supreme Court for certiorari. While Holzer’s petition was pending, the United States Supreme Court decided in McNally v. United States, 483 U.S. 350 (1987), that the intangible-rights doctrine did not apply to the defendants’ mail-fraud convictions. The Seventh Circuit decided to reevaluate Holzer’s mail-fraud conviction in light of McNally.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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