United States v. Sharron Bynum

Sharron Bynum (“Bynum”) appeals from the judgment entered by the district court following her conviction for aiding and abetting former City and County of Honolulu Councilman Andrew K. Mirikita-ni (“Mirikitani”) in intentionally and knowingly obtaining by fraud, and converting property of the City and County of Honolulu (“Honolulu”), in violation of 18 U.S.C. § 666 , and of affecting interstate commerce by aiding and abetting Mirikitani in committing extortion, under color of official right in violation of 18 U.S.C. §§ 1951 , 2. Bynum challenges the facial constitutionality of § 666 and the determination by the district court, instead of the jury, regarding whether there was a federal nexus to the violation of § 666. Bynum also appeals from the two-level upward adjustment of her sentence imposed pursuant to U.S.S.G. § 2Cl.l(b)(l) and the eight-level upward adjustment of her sentence imposed pursuant to U.S.S.G. § 2Cl.l(b)(2)(B).

We conclude that § 666 is facially constitutional and that the district court did not err in determining that the finding of a federal nexus for the valid application of § 666 is a question of law for the court. We also hold that the district…