mario
salinas
petitioner
argued
october
decided
december
held
section
require
government
prove
bribe
question
demonstrated
effect
upon
federal
funds
enactment
plain
language
expansive
unqualified
bribes
forbidden
entities
covered
demonstrating
reference
business
transaction
confined
transactions
affecting
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funds
application
cases
organization
government
agency
receives
specified
amount
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benefits
reaches
scheme
involved
prohibition
accepting
anything
value
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transfers
personal
property
petitioner
exchange
favorable
treatment
beltran
given
statute
plain
unambiguous
meaning
petitioner
aided
legislative
history
see
albertini
rule
set
forth
gregory
ashcroft
mcnally
see
seminole
tribe
florida
florida
moreover
construction
seeks
stand
viewed
light
statutory
limited
federal
bribery
prohibitions
public
official
defined
officer
employee
person
acting
behalf
branch
thereof
interpreted
lower
courts
include
state
local
officialsand
expansion
prescribed
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extend
coverage
bribes
offered
state
local
officials
employed
agencies
receiving
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funds
construction
constitutional
applied
case
application
petitioner
extend
federal
power
beyond
proper
bounds
since
preferential
treatment
accorded
beltran
threat
integrity
proper
operation
federal
program
jail
managed
see
westfall
pp
convicted
conspiracy
violate
rico
conspirator
need
committed
agreed
commit
two
predicate
acts
bribery
requisite
substantive
rico
offense
section
forbids
person
conspire
violate
even
comprehensive
general
conspiracy
provision
applicable
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crimes
since
contains
requirement
overt
specific
act
effect
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object
presuming
congress
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phrase
ordinary
meaning
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law
see
morissette
principles
contemporary
understanding
demonstrate
although
conspirator
must
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endeavor
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elements
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offense
suffices
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goal
furthering
facilitating
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endeavor
need
agree
undertake
acts
necessary
crime
completion
salinas
contrary
interpretation
violates
foregoing
principles
refuted
bannon
acceptance
moreover
required
rule
lenity
see
shabani
even
salinas
accept
agree
accept
two
bribes
ample
evidence
sheriff
committed
least
two
predicate
acts
accepted
numerous
bribes
salinas
knew
agreed
facilitate
scheme
sufficient
support
salinas
conviction
pp
affirmed
kennedy
delivered
opinion
unanimous
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
mario
salinas
petitioner
writ
certiorari
appeals
fifth
circuit
december
justice
kennedy
delivered
opinion
case
us
presents
two
questions
first
federal
bribery
statute
codified
limited
cases
bribe
demonstrated
effect
upon
federal
funds
second
conspiracy
prohibition
contained
racketeer
influenced
corrupt
organizations
act
rico
apply
conspirator
agrees
commit
two
predicate
acts
rico
forbids
ruling
petitioner
issues
affirm
judgment
appeals
fifth
circuit
federal
prosecution
arose
bribery
scheme
operated
brigido
marmolejo
sheriff
hidalgo
county
texas
petitioner
mario
salinas
one
principal
deputies
marshals
service
hidalgo
county
entered
agreements
county
take
custody
federal
prisoners
exchange
federal
government
agreed
make
grant
county
improving
jail
also
agreed
pay
county
specific
amount
per
day
federal
prisoner
housed
based
estimated
number
federal
prisoners
maintained
payments
county
projected
per
year
record
us
disclose
precise
amounts
paid
uncontested
however
two
periods
relevant
case
program
resulted
federal
payments
county
well
excess
amount
necessary
coverage
denied
certiorari
question
whether
monies
paid
county
benefits
federal
program
assume
purposes
opinion
payments
fit
definitions
homero
one
federal
prisoners
housed
jail
arrangement
negotiated
marshals
service
county
incarcerated
two
intervals
first
months
months
custody
periods
beltran
paid
marmolejo
series
bribes
exchange
socalled
contact
visits
remained
alone
wife
occasions
girlfriend
beltran
paid
marmolejo
fixed
rate
six
thousand
dollars
per
month
one
thousand
dollars
contact
visit
occurred
twice
week
petitioner
salinas
chief
deputy
responsible
managing
jail
supervising
custody
prisoners
marmolejo
available
salinas
arranged
contact
visits
occasion
stood
watch
outside
room
visits
took
place
return
assistance
scheme
salinas
received
beltran
pair
designer
watches
pickup
truck
salinas
marmolejo
indicted
tried
together
salinas
convictions
us
salinas
charged
one
count
violating
rico
one
count
conspiracy
violate
rico
two
counts
bribery
violation
jury
acquitted
salinas
substantive
rico
count
convicted
rico
conspir
acy
count
bribery
counts
divided
panel
appeals
fifth
circuit
affirmed
resolve
case
consider
first
bribery
scheme
conspiracy
ii
salinas
contends
government
must
prove
bribe
way
affected
federal
funds
instance
diverting
misappropriating
bribe
violates
relevant
statutory
provisions
follows
whoever
circumstance
described
subsection
section
exists
agent
organization
state
local
indian
tribal
government
agency
thereof
corruptly
accepts
agrees
accept
anything
value
person
intending
influenced
rewarded
connection
business
transaction
series
transactions
organization
government
agency
involving
thing
value
shall
fined
title
imprisoned
years
circumstance
referred
subsection
section
organization
government
agency
receives
one
year
period
benefits
excess
federal
program
involving
grant
contract
subsidy
loan
guarantee
insurance
form
federal
assistance
used
section
term
period
means
continuous
period
commences
earlier
twelve
months
commission
offense
ends
later
twelve
months
commission
offense
period
may
include
time
commission
offense
enactment
expansive
unqualified
language
bribes
forbidden
entities
covered
support
interpretation
federal
funds
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affected
violate
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threshold
business
transaction
question
statute
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acceptance
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covered
official
intends
influenced
rewarded
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transaction
series
transactions
defined
organization
government
agency
prohibition
confined
business
transaction
affects
federal
funds
word
prefaces
business
transaction
clause
undercuts
attempt
impose
narrowing
construction
see
james
trainmen
baltimore
ohio
furthermore
broad
definition
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statute
applies
provides
textual
basis
limiting
reach
bribery
prohibition
statute
applies
cases
organization
government
agency
receives
statutory
amount
benefits
federal
program
language
reaches
scheme
alleged
proved
neither
statute
limit
type
bribe
offered
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accepting
agreeing
accept
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value
phrase
encompasses
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fers
personal
property
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consideration
exchange
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reward
includes
personal
property
given
salinas
exchange
favorable
treatment
beltran
secured
statute
plain
language
fails
provide
basis
limiting
bribes
affecting
federal
funds
salinas
attempts
circumscribe
statutory
text
pointing
legislative
history
courts
applying
criminal
laws
generally
must
follow
plain
unambiguous
meaning
statutory
language
nly
extraordinary
showing
contrary
intentions
legislative
history
justify
departure
language
albertini
citations
omitted
quoting
garcia
see
also
ardestani
ins
courts
may
deviate
plain
language
statute
exceptional
circumstances
construction
salinas
seeks
stand
viewed
light
statutory
framework
existence
enacted
expanded
coverage
prescribed
new
statute
enacted
federal
criminal
code
contained
single
general
bribery
provision
codified
section
terms
applied
public
official
statute
defined
officer
employee
person
acting
behalf
department
agency
branch
government
thereof
including
district
columbia
official
function
authority
department
agency
branch
courts
appeals
divided
whether
state
local
employees
considered
public
officials
compare
del
toro
cert
denied
mosley
hinton
aff
sub
nom
dixson
without
awaiting
resolution
issue
dixson
congress
enacted
made
clear
federal
law
applies
bribes
kind
offered
state
local
officials
del
toro
well
issue
mosley
hinton
chronology
statutory
language
demonstrate
designed
extend
federal
bribery
prohibitions
bribes
offered
state
local
officials
employed
agencies
receiving
federal
funds
incongruous
restrict
manner
salinas
suggests
facts
reasoning
del
toro
give
particular
instruction
respect
case
second
circuit
held
city
employee
public
official
even
though
federal
funds
eventually
cover
costs
salaries
program
administered
del
toro
program
yet
entered
formal
request
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funding
second
circuit
reasoned
existing
committed
federal
funds
purpose
ibid
enactment
forecloses
type
limitation
acceptance
salinas
suggestion
bribe
must
affect
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funds
falls
within
run
contrary
statutory
expansion
redressed
negative
effects
second
circuit
narrow
construction
del
toro
need
consider
whether
statute
requires
kind
connection
bribe
expenditure
federal
funds
case
bribe
related
housing
prisoner
facilities
paid
significant
part
federal
funds
relationship
close
enough
satisfy
whatever
connection
statute
might
require
salinas
argues
addition
decisions
gregory
ashcroft
mcnally
require
plain
statement
congressional
intent
construed
apply
bribes
effect
federal
funds
arguing
however
salinas
makes
much
gregory
mcnally
cases
confronted
statute
susceptible
two
plausible
interpretations
one
altered
existing
balance
federal
state
powers
concluded
absent
clear
indication
congress
intent
change
balance
proper
course
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construction
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balance
gregory
supra
see
also
mcnally
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construction
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requires
penal
statute
strained
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order
exclude
conduct
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within
scope
statutes
construed
avoid
constitutional
questions
interpretative
canon
license
judiciary
rewrite
language
enacted
legislature
heckler
mathews
conclusion
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exercise
judicial
restraint
trench
upon
legislative
powers
vested
congress
art
constitution
locke
requirement
articulated
gregory
mcnally
warrant
departure
statute
terms
text
unambiguous
point
consideration
require
government
prove
federal
funds
involved
bribery
transaction
furthermore
serious
doubt
constitutionality
applied
facts
case
beltran
without
question
prisoner
held
jail
managed
pursuant
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agreements
federal
government
preferential
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threat
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program
whatever
might
said
application
cases
application
salinas
extend
federal
power
beyond
proper
bounds
see
westfall
holding
address
applicability
intangible
benefits
contact
visits
question
fairly
included
within
questions
granted
certiorari
see
yee
escondido
review
appeals
determination
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issue
involv
ed
thing
value
since
salinas
offer
cognizable
challenge
aspect
appeals
decision
simply
decide
matter
statutory
construction
require
government
prove
bribe
question
particular
influence
federal
funds
construction
statute
constitutional
applied
case
iii
salinas
directs
second
challenge
conviction
conspiracy
violate
rico
conspiracy
offense
says
unless
committed
agreed
commit
two
predicate
acts
requisite
substantive
rico
offense
salinas
identifies
conflict
among
courts
appeals
point
decisions
first
second
tenth
circuits
require
rico
conspiracy
provision
defendant
must
commit
agree
commit
two
predicate
acts
see
sanders
cert
denied
ruggiero
cert
denied
sub
nom
rabito
winter
cert
denied
eight
courts
appeals
including
fifth
circuit
case
take
contrary
view
see
pryba
cert
denied
kragness
neapolitan
cert
denied
joseph
adams
cert
denied
tille
cert
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carter
cert
denied
sub
nom
morris
turning
rico
conspiracy
provision
note
substantive
rico
offense
goal
conspiracy
alleged
indictment
provides
shall
unlawful
person
employed
associated
enterprise
engaged
activities
affect
interstate
foreign
commerce
conduct
participate
directly
indirectly
conduct
enterprise
affairs
pattern
racketeering
activity
collection
unlawful
debt
elements
predominant
subsection
violation
conduct
enterprise
pattern
racketeering
activity
see
sedima
imrex
pattern
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activity
defined
term
requires
least
two
acts
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activity
predicate
acts
central
discussion
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activity
turn
defined
include
act
involving
bribery
chargeable
state
law
punishable
imprisonment
one
year
government
theory
salinas
committed
substantive
rico
violation
conducting
enterprise
affairs
pattern
racketeering
activity
included
acceptance
two
bribes
felonies
punishable
texas
one
year
prison
see
tex
penal
code
ann
jury
acquitted
substantive
count
salinas
convicted
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commit
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interpretation
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wrong
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simple
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us
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provision
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crimes
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least
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committed
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presume
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partners
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agree
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work
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forward
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support
supporters
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justice
holmes
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person
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person
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rabinowich
point
salinas
tries
make
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principles
refuted
bannon
defendants
charged
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proof
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act
see
supra
one
defendant
objected
indictment
allege
committed
overt
act
see
bannon
supra
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argument
erode
principle
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purpose
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liable
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require
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member
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connecting
combination
alleged
innovation
upon
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principles
render
prosecutions
offence
nugatory
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statute
broadened
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coverage
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requirement
overt
act
time
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change
requiring
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prove
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one
commit
two
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acts
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contemporary
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passed
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see
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stat
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code
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permit
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commit
agree
commit
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predicate
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requisite
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true
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conducted
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ends
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begins
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whether
two
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connection
defendant
alleged
enterprise
conspiracy
may
tenuous
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two
predicate
acts
may
become
important
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government
case
perhaps
considerations
leading
circuits
require
conspiracy
cases
conspirator
commit
agree
commit
two
predicate
acts
nevertheless
proposition
sustained
definition
conspiracy
offense
contrary
principles
discussed
case
us
even
salinas
accept
agree
accept
two
bribes
ample
evidence
conspired
violate
subsection
evidence
showed
marmolejo
committed
least
two
acts
racketeering
activity
accepted
numerous
bribes
salinas
knew
agreed
facilitate
scheme
sufficient
support
conviction
final
matter
salinas
says
statutory
interpretation
required
rule
lenity
rule
apply
statute
unambiguous
invoked
engraft
illogical
requirement
text
see
shabani
judgment
appeals
affirmed
footnotes