New opinion: mayor’s conviction affirmed

CA3 today affirmed the conviction of the former mayor of Hamilton Township, NJ. He was convicted under the Hobbs Act and Travel Act for taking money to convince the local school board to use a no-bid contract for insurance. On appeal, he argued that he had no power over the school board so he wasn’t acting officially, but the court disagreed.

The case is US v. Bencivengo. Opinion by  Rendell, joined by Smith and Hardiman. Arguing counsel were Jerome Ballarotto for the defendant and Steven Sanders for the government. Argument audio here.

Update: a useful case summary and defender practice tip here, by AUSA Keith Donoghue at the Federal Defender Third Circuit Blog.