Supreme Court of the United States
Salinas v. United States
December 2, 1997522 U.S. 52
Summary
Justice Kennedy, writing for a unanimous Court, held that 18 U.S.C. § 666(a)(1)(B) does not require proof that a bribe affected federal funds and that the statute was constitutional as applied to Salinas’s participation in a bribery scheme involving a federal prisoner housed under federally funded arrangements. The Court also held that a RICO conspirator need not personally commit or agree to commit two predicate acts; knowingly agreeing to facilitate the racketeering scheme sufficed. The Court affirmed Salinas’s convictions. There were no separate opinions.
Holding
- Whether the federal bribery statute requires a demonstrated effect on federal funds.. Section 666(a)(1)(B) does not require the Government to prove that the bribe affected federal funds.
- Whether applying § 666(a)(1)(B) to Salinas exceeded federal constitutional authority.. The statute was constitutional as applied to Salinas’s conduct.
- Whether a RICO conspirator must personally commit or agree to commit two predicate acts.. A RICO conspiracy conviction does not require that the defendant personally commit or agree to commit two predicate acts. Salinas’s knowledge of and agreement to facilitate the scheme supported his conviction.
Docket 96-738
Cited authorities
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