United States Eighth Circuit

Defendant's convictions for conspiring to violate civil rights and theft of government property are affirmed where: 1) the fact that defendants were unsuccessful in making the drug transaction at issue was irrelevant to their culpability for conspiring; 2) defendants' subjective motivations were relevant to prove the intent to deprive property without due process of law under 18 U.S.C. section 241; and 3) a criminal violation of section 241 may occur even if the state provides a post-deprivation remedy.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

• BENTON, Circuit Judge., Before MURPHY, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul C. Engh, argued, Minneapolis, MN, Kevin J. Short, on the brief, Minneapolis MN, Paul W. Rogosheske, on the brief, St. Paul, MN, for appellants.


• For Appellees:
  
• Joseph T. Dixon, III, AUSA, argued, John Marti, AUSA, on the brief, Minneapolis, MN, for appellee.