United States First Circuit

Defendants' convictions under the federal program bribery statute, 18 U.S.C. section 666 for allegedly exchanging a trip to Las Vegas to attend a prize fight for favorable action on legislation, are vacated and remanded, where: 1) section 666 does not criminalize gratuities; 2) because the district court's instructions permitted the jury to find guilt on the section 666 counts based on a gratuity theory, defendants' convictions on that count must be vacated; and 3) the Double Jeopardy Clause, for reasons that differ for each Defendant, entitles both men to acquittal on their respective conspiracy charges.

Appellate Information

• Decided 06/26/2013
• Published 06/26/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel