Cedric Cromwell v. United States
Privacy JusticiabilityDoctri
Whether the Hobbs Act's prohibition against extortion 'under color of official right' unambiguously extends to leaders or officials of federally recognized Indian tribes
Prior to the case at bar, there had never been a single appellate decision in the Hobbs Act’s 78-year history, published or unpublished, extending criminal liability for extortion “under color of official right”—a discrete theory of criminal liability that this Court has construed to apply only to “public officials” who misuse their “public” offices, see Evans v. United States, 504 U.S. 255, 260, 261-64 (1992)— to the leader of sovereign Indian tribe. The question presented is whether United States Court of Appeals for the First Circuit erred in holding the Hobbs Act’s prohibition against extortion “under color of official right” unambiguously extends to the actions of leaders or officials of federally recognized Indian tribes, which are not part of the polity of the United States or of any individual state or municipality?