United States v. Katherine Bordallo Aguon

O’SCANNLAIN, Circuit Judge:

A three-judge panel of this court reversed Aguon’s convictions for extortion and conspiracy in violation of the Hobbs Act, 18 U.S.C. § 1951 and her convictions for making false statements before a grand jury and conspiracy to obstruct justice. United States v. Aguon, 813 F.2d 1413 (9th Cir.1987) {Aguon I). At the suggestion of the government, the case was taken en banc. 831 F.2d 1487 (9th Cir.1987).

Upon rehearing en banc, we are presented with three questions:(1) whether we should retain the rule established in United States v. McClelland, 731 F.2d 1438 (9th…