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EVANS v. UNITED STATES

No. 90-6105.

504 U.S. 255 (1992)

112 S.Ct. 1881

119 L.Ed.2d 57

EVANS v. UNITED STATES

Supreme Court of United States.

Decided May 26, 1992.

Attorney(s) appearing for the Case

C. Michael Abbott, by appointment of the Court, 501 U.S. 1229, argued the cause and filed briefs for petitioner.

Deputy Solicitor General Bryson argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Christopher J. Wright, and Richard A. Friedman.

Stevens, J., delivered the opinion of the Court, in which White, Blackmun, and Souter, JJ., joined, in Parts I and II of which O'Connor, J., joined, and in Part III of which Kennedy, J., joined. O'Connor, J., p. 272, and Kennedy, J., p. 272, filed opinions concurring in part and concurring in the judgment. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, p. 278.

Justice Stevens, delivered the opinion of the Court.

We granted certiorari, 500 U.S. 951 (1991), to resolve a conflict in the Circuits over the question whether an affirmative act of inducement by a public official, such as a demand, is an element of the offense of extortion "under color of official right" prohibited by the Hobbs Act, 18 U. S. C. § 1951. We agree with the Court of Appeals for the Eleventh Circuit that it is not, and therefore affirm the judgment...

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