USA v. Al J. Hurley

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-13011
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D.C. Docket No. 1:12-cr-00015-WLS-TQL-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
AL J. HURLEY,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Georgia
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(October 20, 2014)
Before WILSON, ROSENBAUM, Circuit Judges, and SCHLESINGER∗, District
Judge.
∗ Honorable Harvey E. Schlesinger, United States District Judge for the Middle District
of Florida, sitting by designation.
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PER CURIAM:
Appellant Al J. Hurley was a County Commissioner in Sumter County,
Georgia who was convicted by a jury on one count of attempted extortion and one
count of federal program bribery. He appeals the district court’s denial of his
motion for judgment of acquittal and motion for new trial, raising the following
issues:
1. Did the district court err by denying his motion for judgment of acquittal
because the evidence was insufficient to prove that he was acting under
color of official right, that his conduct had a potential to affect interstate
commerce, and that he intended to be influenced as a County Commissioner
when he solicited and agreed to accept multiple bribe payments; and
2. Did the district court err when it denied Hurley’s motion for new trial and
rejected his claim that the evidence established at trial materially varied from
the allegations contained in the Indictment?
After de novo review and consideration of the briefs and the record, and having
the benefit of oral argument, we find no error in the proceedings in the district
court, and we affirm substantially for the reasons set forth in the district court’s
May 29, 2013 Order.
AFFIRMED.
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