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U.S. v. URBAN

Nos. 03-1325, 03-1326, 03-1356, 03-1370, 03-1371, 03-2315, 03-2737, 03-2751.

404 F.3d 754 (2005)

UNITED STATES of America v. Thomas URBAN, Appellant No. 03-1325 United States of America v. Joseph J. O'Malley, Appellant No. 03-1326 United States of America v. Joseph R. Leone, Appellant No. 03-1356 United States of America v. Gerald S. Mulderig, Appellant No. 03-1370 United States of America v. Fred Tursi, Appellant No. 03-1371 United States of America v. James F. Smith, Appellant No. 03-2315 United States of America v. William C. Jackson, Appellant No. 03-2737 United States of America v. Stephen M. Rachuba, Appellant No. 03-2751.

United States Court of Appeals, Third Circuit.

Filed: April 20, 2005.

Attorney(s) appearing for the Case

Peter A. Levin, Philadelphia, PA, for Appellant, Thomas Urban.

F. Emmett Fitzpatrick, Jr. (Argued), F. Emmett Fitzpatrick Law Offices, Philadelphia, PA, for Appellants, Joseph J. O'Malley and William C. Jackson.

Alan L. Yatvin, Popper & Yatvin, Philadelphia, PA, for Appellant, Joseph R. Leone.

S. Daniel Hutchison, Woodbury, NJ, for Appellant, Gerald S. Mulderig.

NiaLena Caravasos, F. Emmett Fitzpatrick Law Offices, Philadelphia, PA, for Appellant, Fred Tursi.

David L. McColgin (Argued), Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant, James F. Smith.

Ari S. Moldovsky (Argued), Moldovsky & Moldovsky, Philadelphia, PA, for Appellant, Stephen M. Rachuba.

Amy L. Kurland (Argued), Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: SCIRICA, Chief Judge, FISHER, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

Appellants, plumbing inspectors employed by the City of Philadelphia, were convicted of improperly accepting payments from plumbers whose work they inspected in violation of the Hobbs Act and the Racketeer Influenced and Corrupt Organizations Act ("RICO"). They raise a host of contentions on appeal, including primarily a challenge to the District Court's jury instruction regarding the Hobbs Act's requirement that...

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