1. This court has ruled that "conflict of interest " and
"undisclosed self-dealing " by a private individual
is not in the preview of §1346 (Percoco , 561 U.S., at
409-410). In this case, the underlying criterion of
guilt was "conflict of interest " and "undisclosed
self-dealing " with a bribery claim. The 3rd has
ruled that jury instructions involving both, conflict
of interest and a bribe are unconstitutionally
vague. (Wright). The 6th, in this case, claims as
long as there is a bribe, honest services can stand,
no matter if "Conflict of interest " was the underly
ing criterion of guilt. This case does not involve a
federal government nexus.
The question is:
Under §1346 Honest Services, can "con
flict of interest " and "undisclosed self
dealing " be used as the underlying crite
rion of guilt even when a kickback or
bribe is alleged?

2. This Court has held that a Guilty Plea does Not
Inherently Waive a Constitutional Challenge
against the Statute. A defendants guilty plea to a
theory of guilt held unconstitutionally vague by
this court, is one which the government may not
constitutionally prosecute no matter how validly
his factual guilt is established. (Menna v. New
York, 423 U.S. 61 (1975)). In collateral review an
attack on a guilty plea must be a violation that is
of constitutional or jurisdictional basis.

The question presented is:
In a 2255 that was time barred, can an in
mate overcome the time bar and receive
a Certificate of Appealability, if the un
derlying theory of guilt in the indict
ment is held unconstitutionally vague
due to a clarification of the indicted stat
ute?

Commercial contracts under state law define com
mercial agreements such that they govern corpo
rate policies, including fiduciary duty between
signatories, of those contracts.

The question presented is:
Does Honest services apply to "every
one" who owes some sort of fiduciary
responsibility to others, including a cor
porate officer or is that officer 's fiduciary
requirement bound to commercial (pri
vate) contract law that is under the juris
diction of the State?

Under §1346 Honest Services, can 'conflict of interest' and 'undisclosed self-dealing' be used as the underlying criterion of guilt even when a kickback or bribe is alleged?