United States v. Alfred Villalobos
2014 U.S. App. LEXIS 6686
9th Cir.2014Background
- Rabbi Yemeni orchestrated a visa-fraud scheme; individuals were paid as religious workers but not actually employed.
- Orit Anjel came to the U.S. with Avi Anjel, worked at the Center, and Avi handled her paychecks.
- Orit was terminated, and Villalobos, as Avi's lawyer, was engaged to recover back wages and learned the government sought an interview with Orit.
- Villalobos demanded payment to influence Orit's cooperation or obfuscation of the investigation; Gluck recorded communications with Villalobos.
- Villalobos was arrested after a cash payment to him, charged with attempted extortion and obstructing justice, and convicted on both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury instruction on 'wrongful' threats was erroneous | Villalobos argues instruction incorrectly equates all threats to testify with 'wrongful'. | Villa-lobos contends instruction properly conveyed law and that threats can be wrongful under circumstances. | Erroneous instruction but harmless beyond a reasonable doubt. |
| Whether the error was harmless | Awad/Neder standard requires harmless error review for misstatement of an element. | Because threats were wrongful, conviction would stand regardless of instruction. | Harmless beyond reasonable doubt; rational jury would find wrongful threats without the instruction. |
| Whether the district court erred in precluding a claim-of-right defense | Villalobos asserts a lawful claim to the demanded property could negate wrongful conduct. | No nexus between threat and legitimate claim; no claim-of-right defense applicable. | District court did not err; no nexus existed. |
Key Cases Cited
- United States v. Enmons, 410 U.S. 396 (U.S. 1973) (limits Hobbs Act 'wrongful' to lawful claims to property)
- United States v. Daane, 475 F.3d 1114 (9th Cir. 2007) (outside labor context, claim-of-right defense unavailable; means may be wrongful)
- United States v. Sturm, 870 F.2d 769 (1st Cir. 1989) (means-ends framework for nonviolent threats not inherently wrongful)
- Neder v. United States, 527 U.S. 1 (U.S. 1999) (harmless-error standard for misdescribed elements)
- United States v. Awad, 551 F.3d 930 (9th Cir. 2009) (harmless error review applied when jury instruction misstates an element)