U.S. v. RENZI

No. 10-10088.

651 F.3d 1012 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Richard G. RENZI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2011.


Attorney(s) appearing for the Case

Lanny A. Breuer, Assistant Attorney General; Jack Smith, Chief, Public Integrity Section, Criminal Division, United States Department of Justice; Andrew Levchuk (argued), Senior Trial Attorney, Public Integrity Section; Dennis K. Burke, United States Attorney, District of Arizona; Gary M. Restaino, Assistant United States Attorney; for plaintiff-appellee/cross-appellant United States of America.

Reid H. Weingarten,   Brian M. Heberlig (argued), Linda C. Bailey, Steptoe & Johnson LLP, Washington, D.C.; Kelly B. Kramer, Nixon Peabody LLP, Washington, D.C.; for defendant-appellant/cross-appellee Richard G. Renzi.

Irvin B. Nathan, General Counsel, Office of General Counsel, United States House of Representatives, Washington, D.C.; Kerry W. Kircher, Deputy General Counsel (argued); Christine M. Davenport,   John D. Filamor,   Katherine E. McCarron,   Ariel B. Waldman, Assistant Counsels; for Amicus Curiae Bipartisan Legal Advisory Group of the United States House of Representatives in Support of Reversal.

Melanie Sloan, Washington, D.C., for Amicus Curiae Citizens for Responsibility and Ethics in Washington in Support of Affirmance.

Before: RICHARD C. TALLMAN and CONSUELO M. CALLAHAN, Circuit Judges, and SUZANNE B. CONLON, District Judge.


OPINION

TALLMAN, Circuit Judge:

Former Arizona Congressman Richard G. Renzi seeks to invoke the Speech or Debate Clause1 to preclude his prosecution for allegedly using his public office to benefit himself rather than his constituents. The indictment against him alleges that Renzi offered two private parties a quid pro quo deal. If they would buy private land owned by a...

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