What is the test for an indictment under section 876 of the Criminal Code of the United States?

MultiRegion, United States of America

The following excerpt is from U.S. v. Scott, 884 F.2d 1163 (9th Cir. 1989):

The indictment in this case tracks the language of the statute, which proscribes "extort[ing] from any person any money or other thing of value." 18 U.S.C. Sec. 876. Such an indictment is sufficient if the words of the statute "fully, directly, and expressly set forth all the elements necessary to constitute the offense intended to be proved." United States v. Dadanian, 818 F.2d 1443, 1447 (9th Cir.1987) (quotation omitted), modified on other grounds, 856 F.2d 1391 (9th Cir.1988); see Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 2907, 41 L.Ed.2d 590 (1974). We have already held section 876 "give[s] a person of ordinary intelligence fair notice of the conduct it forbids[.]" United States v. Hutson, 843 F.2d 1232, 1236 (9th Cir.1988).

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