Read US v. Turner, 11-1129

Sentence and conviction of attempted extortion under color of official right in violation of the Hobbs Act, 18 U.S.C. section 1951, and making a false statement in violation of 18 U.S.C. section 1001, are affirmed over former politician-defendant's claims that: 1) that the district court's jury instructions on two elements (reciprocity and interstate commerce) constituted plain error; 2) there was insufficient evidence to satisfy those same two elements and so he is entitled to a judgment of acquittal; 3) he is entitled to a new trial based both on purported errors in the admission of certain evidence and on the prosecution's closing argument; and 4) his thirty-six month sentence is based on a contention that the government impermissibly sought vindictively to punish him.

Appellate Information

• Decided 07/11/2012
• Published 07/11/2012

Judges

• LYNCH

Court

• United States First Circuit

Counsel