Second Circuit – Murder-for-hire: United States v. Zhang

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United States Court of Appeals for the Second Circuit

Murder-for-hire — Business connections — Pecuniary value

United States v. Zhang

24-1532(L)

Judges Wesley, Sullivan, and Park

Background: The defendants appealed from their conviction of conspiracy to commit murder for hire and murder for hire in connection with a 2019 shooting death. They were sentenced to life imprisonment.

Ruling: The Second Circuit affirmed. The court held that a promise of providing business connections constitutes something of pecuniary value. Thus, the evidence was sufficient for the jury to find the defendants guilty of violating the murder-for-hire statute. The court further held that a freestanding due-process right not to be taken by surprise at trial by the government’s theory of the case has no basis in precedent. Therefore, it cannot amount to plain error. The Second Circuit also found that statute at issue imposes a mandatory minimum sentence of life imprisonment.

Alexandra A.E. Shapiro, of Shapiro Arato Bach, and Joseph Pace, of J. Pace Law, for the defendants-appellants; Devon Lash, assistant United States attorney, for the appellee.

Oral argument audio