United States Tenth Circuit

Former New Mexico State Treasurer's conviction for attempted extortion is affirmed over challenges to the sufficiency of the evidence regarding whether: 1) defendant's conduct was "wrongful" and not merely hard bargaining or political patronage; 2) he "obtained property" from a contractor; 3) he used actual or threatened force, violence, or fear; 4) the government met the quid pro quo requirement showing that he obtained property "under color of official right"; 5) defendant's conduct affected interstate commerce; and 6) he took a substantial step toward the commission of extortion.

Appellate Information

• Decided 04/30/2008
• Published 04/30/2008

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, ANDERSON, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Laura Fashing, Assistant U.S. Attorney (Larry Gomez, United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee., Jason Bowles (B.J. Crow of Bowles and Crow;  Sam Bregman and Eric Loman of The Bregman Law Firm, on the brief), Albuquerque, NM, for Defendant-Appellant.