United States Ninth Circuit

The use of one's official position is not an element of the bribery offense set forth in 18 U.S.C. section 201(b)(2)(B), and therefore, the jury in the trial of an INS officer charged with accepting a bribe to reinstate a previously-denied asylum applicant was properly instructed on the elements offense.

Appellate Information

• Argued 02/07/2002
• Decided 02/25/2002
• Published 02/25/2002

Judges

• WARDLAW, Circuit Judge., Before:  TROTT, THOMAS, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Richard D. Rome, Van Nuys, California, for the defendant-appellant., Steven M. Arkow, United States Department of Justice, Criminal Division, Los Angeles, California, for the plaintiff-appellee.