United States v. Donald Paul Hutson

The major question for decision in this appeal from a jury conviction and sentence for violating the federal extortion law, 18 U.S.C. § 876 , is the constitutionality of the statute. Appellant Donald Hutson argues that the statute is overbroad and vague. Because we reject these challenges, we will consider Hutson’s additional contention that the government’s reference during his cross-examination to statements made by him in a magistrate’s pre-trial inquiry regarding eligibility for appointed counsel violated his rights under the fifth and sixth amendments to the United States Constitution. We determine that there was no reversible error, and thus will affirm Hut-son’s conviction.

Jurisdiction was proper in the district court based on 18 U.S.C. § 3231 . We have jurisdiction under 28 U.S.C. § 1291 , and the defendant timely filed his appeal under Rule 4(b), F.R.App.P.

I.

Donald Hutson, a married man, is the jilted lover of Wanda Howard. After Howard married an Air Force officer, Hutson decided to recoup some of the money he spent on Howard while they were together. He wrote Howard on January 9, 1987, demanding a $10,000 payment on her alleged “debt.” Hutson’s “collateral” for…