October 25, 2007 Ninth Circuit Decision
On Oct. 25, 2007, the Ninth Circuit issued one published decision:
In U.S. v. Banks, the Ninth Circuit reversed the convictions for a crime of violence in aid of racketeering, due to erroneous instructions. The Court held the jury was erroneously instructed that it could convictif it “at least one of Defendant’s purposes” in employing the violence was related to maintaining his position in his gang. While a gang related purpose need not be the sole purpose, it must be a substantial purpose. Here, while there was sufficient evidence to support a conclusion that Banks acted to maintain or further his position, there was also considerable evidence that he acted out of personal dislike for his intended victim. The Court rejected the Banks’ challenges to his other convictions.
This opinion is well worth reading simply for the description of Banks’s spectacularly unsuccessful attempts to harm his victim.
