Defendant’s conviction for using a facility of interstate commerce with the intent that a murder be committed in consideration for payment of money under 18 U.S.C. section 1958(b)(1) is affirmed where the evidence was sufficient to support a finding that defendant agreed to pay an undercover agent, not just to cover expenses, but also as consideration for the murder of her estranged husband.

Read US v. Acierno, No. 07-4473

Appellate Information

Argued: April 24, 2008

Decided and Filed: August 27, 2009

Judges

Opinion by District Judge Cleland

Counsel

For Appellant:

Jonathan P. Witmer-Rich, Federal Public Defender’s Office, Cleveland, OH

For Appellee:

Gary D. Arbeznik, Assistant United States Attorney, Cleveland, OH

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