Jermaine Wright, sentenced to five years in federal prison, lost the appeal of his criminal verdict Sept. 16.
Wright, formerly of the Adelanto City Council, was found guilty by jury of attempted arson and bribery June 22, 2022. He was sentenced to five years in federal prison Oct. 3, 2022.
Prosecutors alleged he solicited $45,000 in bribes related to marijuana zoning and code enforcement from an undercover FBI agent, and hired a second undercover FBI agent to burn down his restaurant, Fat Boyz Grill, in an attempt to commit insurance fraud.
Wright appealed, arguing the District Judge Jesus Bernal gave an improper jury instruction, and improperly admitted photographed labels of items found inside his restaurant. He argued that both actions prejudiced the jury into believing the restaurant’s intended arson affected interstate commerce. If Fat Boyz Grill was not found to have affected interstate commerce, federal prosecutors could not bring the case.
Wright challenged a jury instruction which defined his restaurant: “A functioning restaurant is commercial property; and as a commercial enterprise, it has a substantial effect on interstate commerce.”
“Instruction 18 took that determination away from the jury by telling the jury that because Fat Boyz Grill, Inc. was a restaurant, the nexus element was satisfied,” Wright’s opening brief said.
The Ninth Circuit memorandum found that Bernal’s instruction was only stating the law.
“We reject Wright’s challenge because Instruction 18 merely stated the applicable law. Instruction 18 derives from binding Supreme Court and Ninth Circuit case law holding that rental properties, restaurants, and business properties per se have substantial effects on interstate commerce,” the memorandum said.
Wright’s opening brief argued that prosecutors used the photos of food items to prove that the restaurant bought items from out of state, proving that the restaurant affected interstate commerce. The brief argued that the labels did not identify the location of the manufacturer or distributor.
The Ninth Circuit also found that the photographs were inconsequential to the ruling against him.
“The government introduced the photographs as one piece of evidence to satisfy 18 U.S.C. § 844(i)’s interstate nexus element but introduced ample other interstate nexus evidence. The admission of the photographs was at most a harmless error,” the memorandum said.
Wright is currently held at the minimum security Federal Correctional Institution Bastrop, northwest of Houston. His release date is set for March 4, 2026.
Case information
California Central District Judge Jesus Bernal presided.
Sole practitioner David Kaloyanides of Chino represented Wright. Wright was previously represented by federal public defenders.
Sean Peterson and Joseph Widman of AUSA Office of US Attorney, Riverside Office, prosecuted.
Case No. 5:17-cr-00229
Appellate No. 22-50223
Read the affidavit here.
Read the sentencing memorandum here.
Read the Ninth Circuit ruling here.
Read our prior coverage:
Ex-Adelanto mayor pro tem took bribes, attempted arson
Former Adelanto Mayor Pro Tem gets 5 years for marijuana bribe, self-arson
