Jerome Byrnes v. United States

BARNES, Circuit Judge.

Appellant, an investigator in the Alcohol Tobacco Tax Division, Treasury Department (hereinafter referred to as ATTD) was indicted on eight counts. Counts 1, 3, 5 and 7 charged him with violating 18 U.S.C. § 872 1 — “attempted extortion” — allegedly occurring on four separate days, March 7, 8, 11 and 12, 1962. Counts 2, 4, 6 and 8 charged him with violating what was then 18 U.S.C. § 202, 2 soliciting money by an officer and employee of the United States for the purpose of influencing his pending action, on the same dates.

Appellant was found guilty of Counts 1 through 5,…