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?

question presented is: In a 2255 that was time barred, can an inmate overcome the time bar and receive a Certificate of Appealability, if the underlying theory of guilt in the indictment is held unconstitutionally vague due to a clarification of the indicted statute? 3. Commercial contracts under state law define commercial agreements such that they govern corporate policies, including fiduciary duty between signatories, of those contracts. The question presented is: Does Honest services apply to “everyone” who owes some sort of fiduciary responsibility to others, including a corporate officer or is that officer’s fiduciary requirement bound to commercial (private) contract law that is under the jurisdiction of the State? Note: Ciminelli and Percoco were ruled on after the 6th Circuit En Banc review was denied but before filing of this petition. iii PARTIES The petitioner is Wisam R. Rizk and is incarcerated in FCI Fort Dix at Joint Base MDL, New Jersey 08640. The respondent is the United States of America. RELATED CASES United States v. Rizk—Wisam R. Rizk, No. 1:2017cr424, U.S. District Court for the Northern District of Ohio Eastern Division Court, Judgment entered on November 4, 2019 Wisam Rizk v. USA, No. 1:2021cv01787, U.S. District Court for the Northern District of Ohio Eastern Division Court, Judgment entered on September 21, 2022 Wisam Rizk v. USA, No. 22-3834, U.S. Court of Appeals for the Sixth Circuit, Judgment entered April 25, 2023