20 Cited authorities

Skilling v. U.S.
561 U.S. 358 (2010) Cited 1,657 times 57 Legal Analyses
Holding that Hedgpeth's harmless-error approach applies on direct appeal
Scheidler v. National Organization for Women, Inc.
537 U.S. 393 (2003) Cited 388 times 5 Legal Analyses
Holding that liability for extortion under RICO, which prohibits an "act or threat involving ... extortion ... which is chargeable under State law," did not depend on conduct that violated a state statute expressly prohibiting "extortion," but, instead, need only violate a statute "capable of being generically classified as extortionate."
Evans v. United States
504 U.S. 255 (1992) Cited 375 times 13 Legal Analyses
Holding that the government was required to prove a quid pro quo existed—meaning an official accepted something of value in exchange for agreeing to take or taking official acts to qualify as Hobbs Act extortion
U.S. v. Glenn
312 F.3d 58 (2d Cir. 2002) Cited 250 times
Holding that false exculpatory statements do not alone prove guilt but may constitute "circumstantial evidence of consciousness of guilt and may strengthen inferences supplied by other pieces of evidence"
United States v. Valle
807 F.3d 508 (2d Cir. 2015) Cited 108 times 22 Legal Analyses
Holding that while there is support for both a narrow and broad reading of "exceeds authorized access," the rule of lenity requires the court to adopt a narrower interpretation in the defendant's favor
U.S. v. Rodriguez
392 F.3d 539 (2d Cir. 2004) Cited 135 times 2 Legal Analyses
Holding that evidence demonstrating only that defendant served as a lookout for some sort of illicit transaction is insufficient that he knew it was a drug transaction specifically
U.S. v. Ganim
256 F. App'x 399 (2d Cir. 2007) Cited 118 times 4 Legal Analyses
Holding that § 666 criminalizes gratuities
U.S. v. Triumph Capital Group
544 F.3d 149 (2d Cir. 2008) Cited 98 times 1 Legal Analyses
Concluding that defendant's "efforts to obstruct the investigation evidence[d] a consciousness of guilt that further support[ed] the jury's verdict
U.S. v. Cassese
428 F.3d 92 (2d Cir. 2005) Cited 87 times 3 Legal Analyses
Holding that it is "of critical importance the evidence . . .be viewed in its totality . . ., as each fact may gain color from others."
United States v. Loe
248 F.3d 449 (5th Cir. 2001) Cited 89 times 1 Legal Analyses
Holding that a judge who failed to include a final forfeiture order in the formal written sentencing could amend that judgment as a clerical error when he had already entered a preliminary forfeiture order and indicated at the sentencing hearing that he would include that order in the judgment
Section 1951 - Interference with commerce by threats or violence
18 U.S.C. § 1951 Cited 11,643 times 51 Legal Analyses
Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”
Section 1957 - Engaging in monetary transactions in property derived from specified unlawful activity
18 U.S.C. § 1957 Cited 3,280 times 41 Legal Analyses
Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt
Section 3282 - Offenses not capital
18 U.S.C. § 3282 Cited 1,836 times 27 Legal Analyses
Providing general 5–year statute of limitations

USA v. Silver

20 Cited authorities

Holding that Hedgpeth's harmless-error approach applies on direct appeal

Holding that the government was required to prove a quid pro quo existed—meaning an official accepted something of value in exchange for agreeing to take or taking official acts to qualify as Hobbs Act extortion

Holding that false exculpatory statements do not alone prove guilt but may constitute "circumstantial evidence of consciousness of guilt and may strengthen inferences supplied by other pieces of evidence"

Holding that while there is support for both a narrow and broad reading of "exceeds authorized access," the rule of lenity requires the court to adopt a narrower interpretation in the defendant's favor

Holding that evidence demonstrating only that defendant served as a lookout for some sort of illicit transaction is insufficient that he knew it was a drug transaction specifically

Holding that § 666 criminalizes gratuities

Concluding that defendant's "efforts to obstruct the investigation evidence[d] a consciousness of guilt that further support[ed] the jury's verdict

Holding that it is "of critical importance the evidence . . .be viewed in its totality . . ., as each fact may gain color from others."

Holding that a judge who failed to include a final forfeiture order in the formal written sentencing could amend that judgment as a clerical error when he had already entered a preliminary forfeiture order and indicated at the sentencing hearing that he would include that order in the judgment

Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”

Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt

Providing general 5–year statute of limitations