United States v. Katherine Bordallo Aguon

A three-judge panel of this court reversed Aguon’s convictions for extortion and conspiracy in violation of the Hobbs Act, 18 U.S.C. § 1951 and her convictions for making false statements before a grand jury and conspiracy to obstruct justice. United States v. Aguon, 813 F.2d 1413 (9th Cir.1987) {Aguon I). At the suggestion of the government, the case was taken en banc. 831 F.2d 1487 (9th Cir.1987).

Upon rehearing en banc, we are presented with three questions:

(1) whether we should retain the rule established in United States v. McClelland, 731 F.2d 1438 (9th Cir.1984), cert. denied, 472 U.S. 1010 , 105 S.Ct. 2708 , 86 L.Ed.2d 723 (1985), which held that “inducement” need not be proven in an extortion conviction when property obtained from another by a public official was obtained “under color of official right,”

(2) whether the jury instructions on mens rea were adequate, and (3) whether bias was established when a juror had previously committed an offense similar to the one being tried.

As did the three-judge panel, we reverse and remand to the district court. In doing so, we overrule McClelland because we conclude that proof of “inducement” is a prerequisite to conviction…