Friday, August 14, 2015

United States v. Temkin, No. 12-50103 (8-13-15)(Wardlaw with Berzon and Smith, Chief D.J.). The 9th affirms convictions for a solicitation for hire, Hobbs Act, and use of interstate facilities in the commission for a murder for hire.  The solicitation arose from a gambling scheme gone bad.  The defendant had mortgaged his house and property for a gambling scheme that didn't pan out; the defendant than started to harass and threaten and take steps to murder as a result of the loss.  There was sufficient evidence to support the convictions.  The 9th did reverse the sentence on the government's cross-appeal, for interstate use as the base offense level should have been 33 and an increase of +4 for pecuniary gain.


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