United States v. Carter

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ARGUED JANUARY 25, 2008

Before FLAUM, ROVNER, and SYKES, Circuit Judges.

Defendant Morris Carter, who served as the elected Recorder for Lake County, Indiana, was convicted for three counts of extortion in violation of the Hobbs Act, 18 U.S.C. § 1951(a), and sentenced to 51 months’ incarceration. Carter now raises three issues before this Court on appeal. First, Carter challenges the sufficiency of the evidence for his convictions, claiming that the government failed to prove that his actions affected interstate commerce or that he acted under color of right. Carter’s second claim is that the Government engaged in an improper line of questioning during his cross-examination. For the reasons discussed below, we affirm the district court’s judgments on these two issues, but remand for resentencing based on Carter’s final claim that the district court misapplied the proper post-Booker standards for sentencing.

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