Daane

United States v. Daane

Good Law
475 F.3d 1114
United States Court of Appeals for the Ninth CircuitFebruary 1, 200705-50282, 05-50283, 05-50295, 05-50309, 05-50346California2,919 words

Opinion

Opinion

Rawlinson, J.

Appellants William and Tere Daane (collectively the Daanes), Glenn Trent (Trent), Richard Miller (Miller), and John Arn (Arn) appeal their convictions for conspiracy and attempted extortion. Because we conclude that the district court committed no error when it rejected the appellants’ proffered “claim of right” instruction, we affirm the convictions.

I. Overview

Appellants were indicted for conspiracy and attempted interference with commerce in violation of 18 U.S.C. § 1951 (the Hobbs Act), and traveling in interstate commerce for the purpose of extortion. The indictment alleged, inter alia, that appellants traveled to Riverside, California from outside the state in order to “assault, restrain and abduct Leslie Darwin Murdock (Murdock) and force him to transfer money inter-state from Murdock’s bank accounts to accounts controlled by the defendants and others.” The indictment also alleged that William Daane knowingly possessed a firearm in furtherance of crimes of violence in violation of 18 U.S.C. § 924 (c). At the conclusion of appellants’ first trial, the district court granted their motion for a new trial because of juror misconduct.

One of the appellants’ co-defendants,…

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