United States First Circuit

Conviction for extortion under color of official right and making false statements to an FBI agent is affirmed over defendant's claims that: 1) the extortion charge was duplicitous; 2) the government failed to prove that he accepted payment in exchange for a promise to perform an official act; 3) the jury was presented with a legally invalid theory for establishing that defendant's conduct would affect interstate commerce; and 4) statements made by the prosecutor during her closing argument were improper and require a new trial. Defendant's sentence is vacated and remanded on government appeal where the district court judge imposed an unreasonably low sentence.

Appellate Information

• Decided 08/07/2007
• Published 08/07/2007

Judges

• HOWARD, Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James L. Sultan with whom Jonathan Harwell and Rankin & Sultan, were on brief, for appellant.


• For Appellees:
  
• S. Theodore Merritt, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney, was on brief for, appellee/cross-appellant.