United States v. Walter J. Egan, Aka: Jake Egan

This case is hereby resubmitted.

BACKGROUND

Walter Egan appeals his convictions for violating the Hobbs Act, 18 U.S.C. § 1951 , and the Mail Fraud statute, 18 U.S.C. § 1341 . Both convictions were based on Egan’s activities as a member of the City Council for Carson, California. Egan organized a political action committee and then, both personally and through associates, informed individuals interested in constructing a mobile-home project in Carson that contributions to the committee would ensure his support. Egan also solicited and accepted payments made directly to himself.

The political action committee took various actions to defeat city council candidates who opposed the mobile-home project, and to support Egan’s political career. Egan himself supported the projects and other related issues in city council votes.

Egan was convicted under the Hobbs Act for obtaining “property from another, without his consent, ... under color of official right.” The district court instructed the jury not to convict Egan unless it found that “the defendant caused another to part with money by promising to take or withhold official action if he did so, or by threatening to take or withhold…