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United States of America v. Dumitru Curescu and Mario Olivella

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ARGUED FEBRUARY 15, 2012

Before POSNER, FLAUM, and MANION, Circuit Judges.

The defendants were tried together for bribery of an agency that receives federal assistance, 18 U.S.C. § 666 (paying a bribe, in Curescu’s case, in violation of section 666(a)(2), and soliciting or accepting a bribe, in Olivella’s case, in violation of section 666(a)(1)(B)), and for conspiracy to commit these offenses, in violation of 18 U.S.C. § 371, the general federal conspiracy statute. Olivella was convicted and sentenced to 41 months in prison. The jury hung regarding Curescu, so he was retried, and this time con- victed, and the judge sentenced him to 6 months in prison. We have consolidated their appeals because although the two cases involve different conspiracies, the conspiracies are similar and their memberships over- lap.

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