United States v. Paul Bruce Carpenter

Former California state senator Paul B. Carpenter appeals his conviction on four counts of racketeering, extortion, attempted extortion, and conspiracy to commit extortion. Because the district court erred when it instructed the jury that no explicit quid pro quo was required to establish “official right” extortion under the Hobbs Act, we reverse Carpenter’s conviction on all four counts.

I

On March 15, 1990, a federal grand jury returned an indictment charging Carpenter with four counts of racketeering, extortion, attempted extortion, and conspiracy to commit extortion. On August 3, 1990, a superseding indictment was filed containing the same charges. Count I of the superseding indictment charged Carpenter with racketeering in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962 (c), based on six predicate acts. The first predicate act involved Carpenter’s alleged acceptance of a $20,000 campaign contribution from an FBI agent to ensure passage of AB 3773, which the indictment alleged to be a violation of California Penal Code § 86. The other five predicate acts involved separate instances in which Carpenter allegedly pressured lobbyists…