United States v. McLean, No. 14-10061 (11th Cir. 2015)
Annotate this CaseDefendant, Commissioner of the City of Margate, Florida, was acquitted of one count, and convicted of two counts, of bribery in programs receiving federal funds, in violation of 18 U.S.C. 666(a)(1)(B) and (2). The court rejected the government's argument that the district court erred in granting defendant's post-verdict motion for judgment of acquittal and concluded that there is much too large of an inference to conclude that 1) federal stimulus funds were used; 2) each bus shelter costs $40,000; 3) there were six shelters built; and 4) that at least $10,000 in federal funds must have been used. The court also concluded that the decision to classify assistance as a federal benefit was properly submitted to the jury. Finally, the district court was well within its discretion to consider the government's brief in order to make a fully informed decision on the merits of defendant’s sufficiency challenge. Accordingly, the court affirmed the district court's judgment.
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