United States v. Eugene Temkin

Eugene Darryl Temkin challenges the sufficiency of the evidence underlying his three counts of conviction for (1) solicitation to commit a crime of violence; (2) attempted extortion in violation of the Hobbs Act; and (3) use of interstate commerce facilities in the commission of murder-for-hire. Temkin also raises the defense of entrapment. While we conclude that sufficient evidence supports Temkin’s convictions and that Temkin was not entrapped, we agree with the Government that the district court materially erred in calculating the correct base offense level at sentencing. Accordingly, we affirm Tem-kin’s conviction but vacate his sentence and remand for resentencing.

I. Factual and Procedural Background

This dark tale arises from a failed gambling venture in Equatorial Guinea, which was formed by two former drug trafficking associates, defendant Temkin, and his associate of more than twenty years, Michael Hershman. In 2000, Temkin mortgaged property to loan Hershman and another partner $500,000 as his stake in the gambling venture. When the venture failed in 2003, everyone lost their money, but Tem-kin also ultimately lost his mortgaged property. Temkin began…