United States Ninth Circuit

18 U.S.C. section 666, pertaining to theft of federal funds, is facially constitutional, and a finding of a federal nexus for valid application of section 666 (if one is required) is a question of law for the court rather than an element of the offense.

Appellate Information

• Argued 11/01/2002
• Decided 04/30/2003
• Published 04/30/2003

Judges

• Before:  SCHROEDER, Chief Judge, ALARCÓN, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• William M. Domingo, Assistant Federal Public Defender, Honolulu, HI, for the defendant-appellant., J. Michael Seabright, Assistant United States Attorney, Honolulu, HI, for the plaintiff-appellee.