US v. Rehak, No. 09-1405
Defendant's convictions for conspiring to violate civil rights and theft of government property are affirmed where: 1) the fact that defendants were unsuccessful in making the drug transaction at issue was irrelevant to their culpability for conspiring; 2) defendants' subjective motivations were relevant to prove the intent to deprive property without due process of law under 18 U.S.C. section 241; and 3) a criminal violation of section 241 may occur even if the state provides a post-deprivation remedy.
Submitted: November 18, 2009
Filed: December 22, 2009
Opinion by Judge Benton
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