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U.S. v. Celaj, No. 10-2792-cr (2nd Cir.) (649 F.3d 162) (August 22, 2011) (Judge Roger J. Miner)

Article • December 1, 2011

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Celaj, No. 10-2792-cr (2nd Cir.) (649 F.3d 162) (August 22, 2011) (Judge Roger J. Miner) by Conviction and sentencing of defendant on various gang-related charges including several Hobbs Act violations are upheld where stipulation that "marijuana is grown outside of the state of New York and travels in …

U.S. v. Needham, No. 06-5652-cr (2nd Cir.) (604 F.3d 673) (May 14, 2010) (Judge Barrington D. Jr. Parker)

Article • June 1, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Needham, No. 06-5652-cr (2nd Cir.) (604 F.3d 673) (May 14, 2010) (Judge Barrington D. Jr. Parker) by Defendant's Hobbs Act robbery and Hobbs Act conspiracy convictions are affirmed in part where the interstate commerce element was proven with respect to the defendants' conspiracy convictions, which encompassed cocaine and …

U.S. v. Smith, No. 03-13639 (11th Cir.) (459 F.3d 1276) (August 11, 2006) (Judge Gerald B. Tjoflat)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Smith, No. 03-13639 (11th Cir.) (459 F.3d 1276) (August 11, 2006) (Judge Gerald B. Tjoflat) by Previously, in U.S. v. Smith, 402 F.3d 1303 (11th Cir. Mar. 18, 2005) (“Smith I”) (P&J, 03/14/05), the Eleventh Circuit held that the defendant’s purely intrastate, non-commercial production and possession of child …

U.S. v. Maxwell, No. 03-13226 (11th Cir.) (446 F.3d 1210) (April 20, 2006) (Judge Gerald B. Tjoflat)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Maxwell, No. 03-13226 (11th Cir.) (446 F.3d 1210) (April 20, 2006) (Judge Gerald B. Tjoflat) by

U.S. v. Dobbs, No. 05-2249 (8th Cir.) (449 F.3d 904) (May 31, 2006) (Judge Michael J. Melloy)

Article • April 1, 2006 • from P&J April, 2006

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Dobbs, No. 05-2249 (8th Cir.) (449 F.3d 904) (May 31, 2006) (Judge Michael J. Melloy) by The defendants in this case, Kasper Dobbs and Robert Wilson, appealed their federal convictions and sentences stemming from the armed robbery of $ 565 from a "mom and pop" convenience store in …

U.S. v. Jimenez-Torres, No. 03-1138 (1st Cir.) (435 F.3d 3) (January 11, 2006) (Judge Jeffrey R. Howard)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Jimenez-Torres, No. 03-1138 (1st Cir.) (435 F.3d 3) (January 11, 2006) (Judge Jeffrey R. Howard) by The Hobbs Act (18 U.S.C. § 1951(a)) turns robberies into Federal offenses if the prosecutor can show any connection to interstate commerce. In the annals of interstate commerce jurisprudence, many strange, strained, …

Wickard v. Filburn, No. 59 (U.S. Supreme Court) (317 U.S. 111; 63 S.Ct. 82) (November 9, 2042) (Justice Jackson)

Article • June 8, 2005

Filed under: Punch And Jurists, Interstate Commerce - Effect on

Wickard v. Filburn, No. 59 (U.S. Supreme Court) (317 U.S. 111; 63 S.Ct. 82) (November 9, 2042) (Justice Jackson) by In this case, the Supreme Court upheld the application of regulations promulgated under the Agricultural Adjustment Act of 1938, 52 Stat. 31, which were designed to control the volume of …

U.S. v. Smith, No. 03-13639 (11th Cir.) (402 F.3d 1303) (March 18, 2005) (Judge Gerald B. Tjoflat)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Smith, No. 03-13639 (11th Cir.) (402 F.3d 1303) (March 18, 2005) (Judge Gerald B. Tjoflat) by Relying heavily on its decision in U.S. v. Maxwell, 386 F.3d 1042 (11th Cir. 2004) (P&J, 09/13/04), the Eleventh Circuit held that the defendant’s purely intrastate, non-commercial production and possession of child …

U.S. v. Maxwell, No. 03-14326 (11th Cir.) (386 F.3d 1042) (October 1, 2004) (Judge Gerald B. Tjoflat)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Maxwell, No. 03-14326 (11th Cir.) (386 F.3d 1042) (October 1, 2004) (Judge Gerald B. Tjoflat) by While no one can legitimately ignore the dangers of child pornography or the ease by which images of child pornography can proliferate over the Internet, the Government is clearly pushing its prosecution …

U.S. v. Lynch, No. 02-30216 (9th Cir.) (367 F.3d 1148) (May 13, 2004) (Per Curiam)

Article • June 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Lynch, No. 02-30216 (9th Cir.) (367 F.3d 1148) (May 13, 2004) (Per Curiam) by Defendant was convicted by a jury in the United States District Court for the District of Montana of violating the Hobbs Act, 18, U.S.C. § 1951, and carrying a firearm during the commission of …

U.S. v. Stewart, No. 02-10318 (9th Cir.) (348 F.3d 1132) (November 13, 2003) (Judge Alex Kozinski)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Homemade Gun

U.S. v. Stewart, No. 02-10318 (9th Cir.) (348 F.3d 1132) (November 13, 2003) (Judge Alex Kozinski) by Here the Court held that held that Congress could not, under the Commerce Clause, prohibit the mere possession of a homemade machine gun and it thus vacated the defendant's conviction under 18 USC …

U.S. v. Perrotta, No. 00-1799 (2nd Cir.) (313 F.3d 33) (December 5, 2002) (Judge Rosemary S. Pooler)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Perrotta, No. 00-1799 (2nd Cir.) (313 F.3d 33) (December 5, 2002) (Judge Rosemary S. Pooler) by Here the Court threw out a Hobbs Act conviction on the grounds that Federal extortion charges cannot be brought where the only connection to interstate commerce is that the victim worked for …

U.S. v. McFarland, No. 00-10569 (5th Cir.) (311 F.3d 376) (October 28, 2002) (Per Curiam)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. McFarland, No. 00-10569 (5th Cir.) (311 F.3d 376) (October 28, 2002) (Per Curiam) by In this case, by a vote of 8-to-8, the Fifth Circuit declined to grant a rehearing en banc to review an earlier decision reported at 264 F.3d 557 (5th Cir. 2001) (McFarland I), where …

U.S. v. Marrero, No. 01-2283 (7th Cir.) (299 F.3d 653) (August 5, 2002) (Judge Richard A. Posner)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Marrero, No. 01-2283 (7th Cir.) (299 F.3d 653) (August 5, 2002) (Judge Richard A. Posner) by The two defendants in this case, “Little Bum” Marrero and “Fat Man” Hernandez, lured three drug dealers from Detroit to a rendezvous in Chicago on the pretext of selling them cocaine. When …

U.S. v. Jamison, No. 01-1483 (2nd Cir.) (299 F.3d 114) (August 5, 2002) (Judge Pierre N. Leval)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Jamison, No. 01-1483 (2nd Cir.) (299 F.3d 114) (August 5, 2002) (Judge Pierre N. Leval) by The Tenth Amendment provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the …

U.S. v. Jamison, No. 01-1483 (2nd Cir.) (299 F.3d 114) (August 5, 2002) (Judge Pierre N. Leval)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Jamison, No. 01-1483 (2nd Cir.) (299 F.3d 114) (August 5, 2002) (Judge Pierre N. Leval) by "The current race to federalize state crimes epitomizes the very tendency most feared by those who wrote and ratified the Constitution: a strong central government relegating to itself all power. That concern …

U.S. v. Lynch, No. 00-30247 (9th Cir.) (282 F.3d 1049) (March 12, 2002) (Judge J. Clifford Wallace)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Lynch, No. 00-30247 (9th Cir.) (282 F.3d 1049) (March 12, 2002) (Judge J. Clifford Wallace) by Here the Court vacated a robbery conviction under the Hobbs Act and remanded back to the district court for further determinations as to whether the defendant's actions had some cumulative effect on …

U.S. v. Lynch, No. 00-30247 (9th Cir.) (265 F.3d 758) (September 4, 2001) (Judge J. Clifford Wallace)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Lynch, No. 00-30247 (9th Cir.) (265 F.3d 758) (September 4, 2001) (Judge J. Clifford Wallace) by Here the Court vacated a robbery conviction under the Hobbs Act and remanded back to the district court for further determinations as to whether the defendant's actions had some cumulative effect on …

U.S. v. McFarland, No. 00-10569 (5th Cir.) (264 F.3d 557) (August 29, 2001) (Per Curiam)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. McFarland, No. 00-10569 (5th Cir.) (264 F.3d 557) (August 29, 2001) (Per Curiam) by The defendant in this case, James W, McFarland, robbed four different retail convenience stores in Fort Worth, Texas during a one-month period in 1998 - in which he stole approximately $1,795-$2,295. He was charged …

U.S. v. Coward, No. CRIM. 00-88 (E.D.Pa.) (151 F.Supp.2d 544) (April 10, 2001) (Judge Stewart Dalzell)

Article • September 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Coward, No. CRIM. 00-88 (E.D.Pa.) (151 F.Supp.2d 544) (April 10, 2001) (Judge Stewart Dalzell) by This is an interesting decision in which Judge Dalzell raised some significant questions about the continuing validity of the Supreme Court’s decision in Scarborough v. U.S., 431 U.S. 563 (1977), where the Court …