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United States v. Charles Turner

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Before Lynch, Chief Judge, Selya and Thompson, Circuit Judges.

A federal jury convicted Charles Turner of one count of attempted extortion under color of official right in violation of the Hobbs Act, 18 U.S.C. § 1951, and three counts of making a false statement in violation of 18 U.S.C. § 1001. Turner, at the time of his trial and since 2000, was a member of the Boston City Council. The indictment charged Turner with making false statements to FBI agents and accepting $1,000 in exchange for performing official acts to assist a local businessman in obtaining a liquor license for a planned supper club in the Roxbury neighborhood of Boston. That businessman, Ronald Wilburn, was in fact cooperating with the FBI.

Turner’s appeal challenges his convictions and his sentence. As to the Hobbs Act count, he argues both (1) that the district court’s jury instructions on two elements (reciprocity and interstate commerce) constituted plain error, so he is entitled to a new trial, and (2) there was insufficient evidence to satisfy those same two elements and so he is entitled to a judgment of acquittal on that count. He does not seek a judgment of acquittal on the three false statement counts. Turner also argues he is entitled to a new trial based both on purported errors in the admission of certain evidence and on the prosecution’s closing argument. Finally, Turner challenges his thirty-six month sentence based on a contention that the government impermissibly sought vindictively to punish him.

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