United States v. Menendez

Defendants contend that Ganim 's reliance on the distinction between gratuities and bribery cases is a misreading of Sun-Diamond. They argue that McDonnell clarified this misreading by adopting Sun-Diamond's interpretation of "official act," thereby incorporating its requirements wholesale in all cases brought under section 201. ECF NO. 177-1, at 5; see McDonnell , 136 S.Ct. at 2370 ("It is apparent from Sun-Diamond that hosting an event, meeting with other officials, or speaking with interested parties is not, standing alone, a 'decision or action' within the meaning of § 201(a)(3)....").

But…