Robert Cordaro v. United States

CHAGARES, Circuit Judge.

In 2011, Robert Cordaro was convicted of bribery, extortion, and racketeering, along with other crimes. At his trial, the court instructed the jury that those crimes required an "official act." In 2016, however, the Supreme Court clarified what does - and does not - constitute an "official act" in McDonnell v. United States , --- U.S. ----, 136 S. Ct. 2355 , 195 L.Ed.2d 639 (2016). Cordaro believes that the McDonnell decision makes his conduct noncriminal and so petitions for a writ of habeas corpus under 28 U.S.C. § 2241 . The District Court correctly concluded that…