United States v. Young

87 F. Supp. 3d 805, 2015 U.S. Dist. LEXIS 8283, 2015 WL 317142
CourtDistrict Court, W.D. Virginia
DecidedJanuary 26, 2015
DocketCase No. 2:14CR00004
StatusPublished
Cited by1 cases

This text of 87 F. Supp. 3d 805 (United States v. Young) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Young, 87 F. Supp. 3d 805, 2015 U.S. Dist. LEXIS 8283, 2015 WL 317142 (W.D. Va. 2015).

Opinion

OPINION AND ORDER

JAMES P. JONES, District Judge.

This case involves a federal inmate’s procurement, through a prison employee’s assistance, of articles as forbidden as they are coveted in the prison setting. Defendant Glenn Young is an inmate at the United States Penitentiary-Lee County (“USP-Lee”) who found a lucrative business opportunity in the institution’s ban on tobacco and cell phones. He paid a prison nurse, Kimberlee Crabtree, to smuggle this contraband into the prison and to look the other way when it came to reporting his illegal possession to other prison authorities. The defendant and Crabtree were eventually caught and prosecuted in this court. While Young pleaded guilty to possession of the contraband, in violation of 18 U.S.C. § 1791, he pleaded not guilty to bribing a public official in violation of 18 U.S.C. § 201(b)(1)(A) and (C), as well as conspiracy to commit bribery in violation of 18 U.S.C. § 371.1

Following a two-day jury trial, the defendant was convicted of both charges. He now moves for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29, or in the alternative, for a new trial. The defendant contends that the government’s evidence presented at trial was insufficient to show that the defendant’s bribe influenced an “official act,” as defined by statute. Further, he contends that the court erred in instructing the jury that it is immaterial under the bribery statute whether the defendant or the nurse initiated the illicit transactions.

[807]*807I will deny the defendant’s motion on the grounds that, even if the evidence presented at trial does not meet the definition of “official act” in § 201(b)(1)(A), the evidence fits squarely within § 201(b)(1)(C), a provision with which the defendant was also charged. Further, the defendant’s argument that the government must prove that the defendant initiated the transaction is contrary to well-established case law and thus lacks merit.

I.

On review of a motion for acquittal under Rule 29, the court “must sustain the verdict if there is substantial evidence, viewed in the light most favorable to the Government, to uphold the jury’s decision.” Burks v. United States, 437 U.S. 1, 17, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978). “Substantial evidence” means “evidence that a reasonable finder of fact could accept as adequate and sufficient to support a conclusion of a defendant’s guilt beyond a reasonable doubt.” United States v. Burgos, 94 F.3d 849, 862 (4th Cir.1996). The court should consider “circumstantial as well as direct evidence, and allow the government the benefit of all reasonable inferences from the facts proven to those sought to be established.” United States v. Tresvant, 677 F.2d 1018, 1021 (4th Cir.1982). In this determination, the court will not weigh the evidence or assess the credibility of witnesses. Burks, 437 U.S. at 17, 98 S.Ct. 2141.

II.

The statute in question, 18 U.S.C. § 201(b)(1), proscribes the following: (b) Whoever—

(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent—
(A) to influence any official act; or
(B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person.

In this case, there is no dispute that the prison nurse was a “public official” within the meaning of the statute. Rather, the defendant contends that the evidence presented at trial — that the defendant paid the nurse for the purpose of receiving smuggled contraband — falls short of “influencing] any official act” under § 201(b)(1)(A). The statute defines “official act” as “any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit.” 18 U.S.C. § 201(a)(3).

The defendant argues that, under this definition, an “official act” requires the exercise of, or promise to exercise, an official’s governmental duties. He contends that the evidence at trial showed that precisely the opposite occurred, since the actions of the prison nurse contravened, rather than exercised, her official duty to prevent contraband from entering the prison. The government responds that the evidence showing that the nurse violated USP-Lee regulations as well as her duty as a corrections officer are sufficient to show that her actions constituted an official act.

[808]*808Case authority is clear that official acts include not only actions “taken pursuant to responsibilities explicitly assigned by law,” but also “activities that have been ■clearly established by settled practice as part [of] a public official’s position.” United States v. Jefferson, 674 F.3d 332, 357 (4th Cir.2012); see also United States v. Birdsall, 233 U.S. 223, 231, 34 S.Ct. 512, 58 L.Ed. 930 (1914) (“In numerous instances, duties not completely defined by written rules are clearly established by settled practice, and action taken in the course of their performance must be regarded as within the [bribery] provisions.”). In Jefferson, for example, the Fourth Circuit held that a congressman’s acceptance of payments from a telecommunications company in exchange for using his office to promote the company abroad, among other offenses, constituted bribery, despite the fact that his actions were part of his settled practices as a congressmen rather than mandated by law. 674 F.3d at 354-57. In a similar vein, a congressman’s use of his office to secure Navy contracts for a ship repair firm was held to constitute an official act in United States v. Biaggi, 853 F.2d 89, 96-99 (2d Cir.1988); see also United States v. Alfisi,

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Cite This Page — Counsel Stack

Bluebook (online)
87 F. Supp. 3d 805, 2015 U.S. Dist. LEXIS 8283, 2015 WL 317142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-young-vawd-2015.