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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