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United States v. Whitfield

An attorney and two former Mississippi state judges were charged with participating in two separate bribery schemes. Since their role as presiding judges in two cases at issue had no "connection with any business, transaction, or series of transactions" of the Mississippi Administrative Office of the Courts, by its own plain language, 18 U.S.C. �666 applies neither to former judges' acceptance of bribes nor to the attorney's offering of bribes in connection with those cases. 5th U.S. Court of Appeals, No. 07-60748, 12-11-2009

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Before GARWOOD, BENAVIDES, and HAYNES, Circuit Judges.

Defendants-appellants, attorney Paul Minor and former Mississippi state judges John Whitfield and Walter (“Wes”) Teel, were charged with participating in two separate bribery schemes in which Minor arranged, guaranteed, and eventually paid off loans for Whitfield and Teel, allegedly in order to corruptly influence the outcome of cases Minor filed in their courts. A jury found all three appellants guilty of conspiracy in violation of 18 U.S.C. § 371; mail, wire, and honest services fraud in violation of 18 U.S.C. §§ 1341, 1343, 1346, and 2; and federal program bribery in violation of 18 U.S.C. § 666. Additionally, Minor was convicted of racketeering in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962. Appellants appeal their convictions and sentences on numerous grounds. For the following reasons, we VACATE all the convictions related to federal program bribery under 18 U.S.C. § 666, including the conviction of Minor and Teel for conspiracy to violate section 666. We AFFIRM all other convictions, and we REMAND for resentencing as to all appellants in accordance with this opinion.

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