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FROM THE COURT
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Posted on Aug 30 1999
Man in extortion
raps acquitted
The grand jury’s failure to include two words in the indictment led to the acquittal of a man charged with extortion.
The Court of Appeals for the Ninth Circuit reversed last week the District Court of Saipan’s conviction of Du Bo, saying his indictment “lacked a necessary allegation of criminal intent, as such did not properly allege an offense against the United States.”
The appellate court said the jury failed to state that Du, a native of China, committed the crime of extortion “knowingly or willingly.”
The court noted that the indictment charged Du only with “unlawfully affecting commerce by ‘wrongful’ use of force.”
Failure to include the element of willingness renders an indictment “constitutionally defective,” the court said.
“Such a failure generally constitutes a fatal defect that cannot be cured through a jury instructions because a completely missing element leaves nothing for a petty jury to ratify,” the appellate said, as it returned Du’s case to the Saipan district court for dismissal of indictment. (MCM)
Crewmen plead guilty
Two crewmen of a Chinese fishing vessel that ferried 51 undocumented aliens into Guam pled guilty on Friday to charges of alien smuggling.
District Judge Alex Munson accepted the plea agreement between the US Attorney’s Office and the crewmen. Xiao Yi Chu and Weng Zu Hui.
The sentencing was set for November.
Xiao was the master, and Weng the assistant engineer of the fishing vessel that traveled to Guam last May.
They were charged with a criminal offense punishable by 10 years’ imprisonment and a fine of $250,000.
