Silver v. United States

Decision Date25 January 2021
Docket NumberNo. 20-60,20-60
Citation209 L.Ed.2d 18,141 S.Ct. 656 (Mem)
Parties Sheldon SILVER v. UNITED STATES, et al.
CourtU.S. Supreme Court

The petition for a writ of certiorari is denied.

Justice GORSUCH, with whom Justice THOMAS joins, dissenting from denial of certiorari.

Normally, extortion and bribery are treated as distinct crimes. In Evans v. United States , 504 U.S. 255, 112 S.Ct. 1881, 119 L.Ed.2d 57 (1992), however, this Court conflated them for purposes of the Hobbs Act when a public official is the defendant. Id. , at 260, 112 S.Ct. 1881. Chief Justice Rehnquist and Justices Scalia, THOMAS, and BREYER have all questioned that judgment. See id. , at 278, 112 S.Ct. 1881 (THOMAS, J., joined by Rehnquist, C. J., and Scalia, J., dissenting); Ocasio v. United States , 578 U. S. ––––, ––––, 136 S.Ct. 1423, 1437, 194 L.Ed.2d 520 (2016) (BREYER, J., concurring); id. , at –––– – ––––, 136 S.Ct., at 1437-1438 (THOMAS, J., dissenting). I would have granted this case to reconsider Evans in light of these thoughtful criticisms.

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6 cases
  • United States v. Hills
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 3 d4 Março d4 2022
    ...arise" theories of Hobbs Act bribery. See United States v. Silver , 948 F.3d 538, 556 (2d Cir. 2020), cert. denied , ––– U.S. ––––, 141 S. Ct. 656, 209 L.Ed.2d 18 (2021). However, as the Second Circuit itself explained, McDonnell did not invalidate all "as opportunities arise" bribery—only ......
  • United States v. Percoco
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 8 d3 Setembro d3 2021
    ...most favorable to the government. See United States v. Silver , 948 F.3d 538, 546 n.1 (2d Cir. 2020), cert. denied , ––– U.S. ––––, 141 S. Ct. 656, 209 L.Ed.2d 18 (2021).1. The CPV SchemeThe CPV scheme started in 2012, when Percoco served as a high-level official in the Governor's Office, a......
  • United States v. Hills
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 3 d4 Março d4 2022
    ...or "as opportunities arise" theories of Hobbs Act bribery. See United States v. Silver, 948 F.3d 538, 556 (2d Cir. 2020), cert. denied, 141 S.Ct. 656 (2021). However, as the Second Circuit itself explained, McDonnell did not invalidate all "as opportunities arise" bribery-only convictions f......
  • United States v. Kaufman
    • United States
    • U.S. District Court — Southern District of New York
    • 8 d3 Setembro d3 2021
    ... ... labor leader's negotiating position or the employee's ... actions taken on behalf of an employer") ... [ 128 ] Alfisi, 308 F.3d at 151-52 ... (citing Sun-Diamond, 526 U.S. at 404-05) ... [ 129 ] United States v. Silver, ... 948 F.3d 538, 562 n.14 (2d Cir. 2020), cert, denied, ... 141 S.Ct. 656 (2021); see also United States v ... Manton, 107 F.2d 834, 846 (2d Cir. 1939) ... [ 130 ] It is worth noting also that the ... government presented evidence that the 50-year ... ...
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