- 4 - Petitioner herein was the defendant in the criminal case of United States of America v. Leonard Ray Blanton, et al., Crim. No. 80-30253 (M.D. Tenn., 1981), which was docketed in the U.S. District Court for the Middle District of Tennessee. In March 1981, a Federal grand jury in the Middle District of Tennessee returned an 11-count4 indictment against petitioner, his assistant, Clyde Edward Hood, Jr., and a third defendant for conspiracy, mail fraud, and violation of the Hobbs Act, 18 U.S.C. sec. 1951 (1976).5 Petitioner was found guilty on all 11 counts and was sentenced to a concurrent 3-year prison term and fined $1,000.6 Thereafter, the Supreme Court decided McNally v. United States, 483 U.S. 350 (1987), wherein it held that mail fraud prohibits only schemes intended to deprive victims of property such as money and not schemes intended to deprive victims of intangible rights such as the right to honest Government. Based 4 The grand jury originally returned a 13-count indictment against petitioner. The last two counts, which charged petitioner alone with income tax evasion and filing a false tax return, were severed from the other 11 counts and were subsequently dismissed. See Blanton I, supra at 492. 5 More specifically, petitioner was indicted for unlawfully, willfully, and knowingly obstructing, delaying, and affecting interstate commerce by extorting $23,334.50 from Jack Ham (Ham), a constituent, representing 20 percent of the profits of a retail liquor store which Ham agreed to pay petitioner in return for petitioner's assistance in procuring the liquor license. 6 For a complete discussion of this issue see Blanton I.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011