Saturday, February 28, 2009

Nyakatura (not precedential): Receiving A Bribe For Influence Or Reward An Aggravated Felony Either Way

Nyakatura v. Mukasey, 2007 WL 4287592, No. 06-3204 (3d Cir. Dec. 6, 2007) (not precedential).

Catching up on some intriguing cases from a while back.

Judges Scirica, Ambro, and Jordan. Decision by Judge Jordan. For Mr. Nyakatura, Daniel M. Pell (argued the case) of York, PA. For the government, Annette M. Wietecha (argued the case), Mary Jane Candaux, Susan K. Houser of OIL.

The Third Circuit concluded that a conviction for 18 USC 666(a)(1)(B) is an aggravated felony because it relates to commercial bribery. Although the statute discusses penalizing someone who accepts anything of value intending to be either influenced or rewarded, either option is related to commercial bribery so it is not disjunctive in any significant way.


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