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UNITED STATES v. LEMUS

No. 22-50046, No. 22-50051.

93 F.4th 1255 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Edgar Hernandez LEMUS, aka Edgar Hernanez Lemus, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Junior Almendarez Martinez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2024.

Attorney(s) appearing for the Case

Ethan A. Balogh (argued) and Narai Sugino , Balogh & Co. APC, San Francisco, California; Michael A. Brown (argued), Spertus Landes & Umhofer LLP, Los Angeles, California; for Defendants-Appellants.

Rajesh R. Srinivasan (argued), Joseph D. Axelrad , Jeffrey M. Chemerinsky , and Kathy Yu , Assistant United States Attorneys, Criminal Appeals Section; Bram M. Alden , Assistant United States Attorney, Criminal Appeals Section Chief; E. Martin Estrada , United States Attorney; United States Attorney's Office, Central District of California, Los Angeles, California; for Plaintiff-Appellee.

Before: Kim McLane Wardlaw, Kenneth K. Lee, and Patrick J. Bumatay, Circuit Judges.

OPINION

Federal law criminalizes receiving the proceeds of extortion. See 18 U.S.C. § 880. But must a person know that the money or property at issue was in fact payment from extortion? Or is it sufficient for a person to know that the money was somehow "unlawfully obtained"? Id. In this...

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