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U.S. v. GARCIA

Nos. 576, 577, 578, Dockets 92-1370(L), 92-1371, 92-1401.

992 F.2d 409 (1993)

UNITED STATES of America, Appellee, v. Robert GARCIA, Jane Lee Garcia, Ralph Vallone, Jr., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 22, 1993.

Attorney(s) appearing for the Case

Barry A. Bohrer, New York City (Joel M. Cohen, of counsel), for defendants-appellants Robert Garcia and Jane Lee Garcia.

Alexander E. Eisemann, New York City (Lawrence S. Goldman, of counsel), for defendant-appellant Ralph Vallone, Jr.

Michele Hirshman, Asst. U.S. Atty., S.D.N.Y., New York City (Roger S. Hayes, Acting U.S. Atty., Paul G. Gardephe, Asst. U.S. Atty., of counsel), for appellee United States of America.

Before: PRATT, FRIEDMAN, and MAHONEY, Circuit Judges.

FRIEDMAN, Circuit Judge:

Former New York Congressman Robert Garcia, his wife, Jane Lee Garcia, and Ralph Vallone, Jr., appeal their jury convictions for, respectively, (1) extortion under color of official right, (2) aiding and abetting extortion and conspiracy to commit extortion, and (3) aiding and abetting extortion. We hold that the district court improperly charged the jury on extortion, 774 F.Supp. 848, and, therefore, reverse...

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