U.S. v. Dvorkin

Record contained sufficient evidence to support defendant’s conviction on use of facility in interstate commerce with intent to commit murder-for-hire under 18 USC section 1958, even though defendant argued that said conviction required proof that he actually entered into murder-for-hire agreement. Actual murder-for-hire agreement is not necessary element of section 1958 offense, and said offense is complete once defendant used instrument of interstate commerce with intent that murder-for-hire be committed. Ct. also rejected defendant’s similar reasonable doubt argument with respect to his solicitation conviction under 18 USC section 373(a), after finding that there was no requirement that govt. show existence of actual economic agreement and noting that defendant’s offer of $50,000 to solicited individual to procure murder of third-party was enough to establish conviction on charged offense. Ct. further rejected defendant’s renunciation defense based on his testimony that he eventually told solicited individual to hold off on murder to allow another individual to murder victim, where: (1) defendant’s section 1958 offense had already been completed at time he told solicited individual to hold off on murder; and (2) defendant’s renunciation was incomplete where record showed that defendant had indicated that he might use same solicited individual to complete murder at future date.