Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

4-24-2009 USA v. Charles Bornman Precedential or Non-Precedential: Precedential Docket No. 07-3447

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "USA v. Charles Bornman" (2009). 2009 Decisions. Paper 1425. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1425

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PRECEDENTIAL

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

NO. 07-3447

UNITED STATES OF AMERICA v. CHARLES BORNMAN, Appellant

On Appeal From the District Court For the District of the Virgin Islands (D.C. Crim. Action No. 03-cr-00127-1) District Judge: Hon. Raymond L. Finch

Argued December 10, 2008 BEFORE: FISHER, JORDAN and STAPLETON, Circuit Judges (Opinion Filed March 6, 2009)

ORDER AMENDING OPINION STAPLETON, Circuit Judge: IT IS ORDERED that the opinion in this matter filed on March 6, 2009, is hereby amended as follows: On page 12, the first paragraph of V. Additional Count Two Arguments is deleted and is replaced by the following: Bornman makes a number of additional arguments relating to Count Two, which we find without merit. His argument that the government failed to introduce evidence of a quid pro quo is without merit, because the statute requires no such evidence. See United States v. Gee, 432 F.3d 713, 714-15 (7th Cir. 2005) (“A quid pro quo of money for a specific legislative act is sufficient to violate the statute, but it is not necessary. It is enough if someone ‘corruptly . . . accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions . . . involving any thing of value of $5,000 or more.’ 18 U.S.C. § 666(a)(1)(B)”).

By the Court

/s/ Walter K. Stapleton Circuit Judge DATED: April 24, 2009