What is the test for a conviction for mail fraud under the mail fraud statute?

Dowling does not dispute the district court's factual findings that he mailed catalogs advertising his bootleg phonorecords. Rather, he argues that as a matter of law his mailing of the catalogs is not punishable under the mail fraud statute, 18 U.S.C. Sec. 1341. Since the applicability of the mail fraud statute to Dowling's conduct is a pure question of law, we review de novo the district court's determination that such a conviction was proper. See United States v. Moreno-Pulido, 695 F.2d 1141, 1143 (9th Cir.1983).

Page 1448