US v. Kimbrew, No. 18-50251
(12-9-19)(Nguyen w/Miller & Vitaliano). The 9th affirms
convictions for attempted extortion and bribery of a public official. The case
arises from a medical marijuana dispensary. The aide visited the business, and
said that it did not comply, and could have it shut down. Then an undercover
agent followed up and exchanged funds. The aide explained that he could exert
influence with the Congresswoman and the City Attorney. The defense was that
the aide had no such power to control the decision makers. The 9th
held that he could have had influence, and this was a jury decision – the jury
could have believed that the aide, who knew the City Attorney, might have
exerted influence, despite the City Attorney’s present denials.
The
decision is here:
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