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U.S. v. Inzunza, No. 05-50902 (9-1-09). This is an appeal from a conviction of a former San Diego City Council member, and a government's appeal from acquittals and a new trial for another Council member (Zucchiet). The 9th (Canby joined by Bybee and M. Smith) hold that the convictions of Inzunza are affirmed. The 9th finds that there was evidence of a quid pro quo in an honest services charge, and that the honest services need not be for private gain (joining the majority of circuits). The 9th also finds improper the government rhetorical device, "Say it ain't so, Joe" (the Black Sox scandal and Shoeless Joe Jackson being asked by a young boy about his involvement). Although questionable, this does not require reversal or error for commenting on silence.

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