UNITED STATES OF AMERICA v. MARCUS HENDERSON - Articles

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UNITED STATES OF AMERICA v. MARCUS HENDERSON

Posted by: Tanja Trezise on Jun 25, 2021

Head Comment: ROGERS delivered a separate concurring opinion.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED and ON BRIEF: Thomas P. Kurt, Toledo, Ohio, for Appellant.

Attorneys 2: ARGUED and ON BRIEF: James A. Ewing, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Judge(s): ROGERS, BUSH, and LARSEN, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Toledo

JOHN K. BUSH, Circuit Judge. Marcus Henderson, a guard at the Lucas County jail, took a bribe to smuggle contraband into the jail. Unfortunately for him, the person who paid the bribe was part of an FBI sting operation. At his first trial, a jury convicted Henderson of providing contraband in prison. But it hung on the other count, Hobbs Act extortion under color of official right. The government retried Henderson on that count, and this time—with slightly different jury instructions—the jury convicted him. He challenges that conviction on two grounds. First, he argues that the court abused its discretion by denying a proposed jury instruction that would have clarified the meaning of “official act,” an element of Hobbs Act extortion. Second, he argues that the government’s evidence was insufficient to convict him because the statutory definition of official act does not encompass his actions. Both arguments are unavailing. We affirm.

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