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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 …

U.S. v. Peterson, No. 99-3967 (7th Cir.) (236 F.3d 848) (January 4, 2001) (Judge William J. Bauer)

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

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

U.S. v. Peterson, No. 99-3967 (7th Cir.) (236 F.3d 848) (January 4, 2001) (Judge William J. Bauer) by Here, the Court reversed a series of convictions for a Hobbs Act robbery of a drug dealer because the Government had failed to satisfy its burden of proof under the "depletion of …

U.S. v. Marek, No. 98-40568 (5th Cir.) (238 F.3d 310) (January 4, 2001) (Judge Jacques L. Jr. Wiener)

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

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

U.S. v. Marek, No. 98-40568 (5th Cir.) (238 F.3d 310) (January 4, 2001) (Judge Jacques L. Jr. Wiener) by In this case the defendant-Appellant Betty Louise Marek pleaded guilty to paying an undercover FBI agent, who was posing as a hit-man, to murder her boyfriend's paramour. Marek was arrested after …

U.S. v. Wang, No. 98-6490 (6th Cir.) (222 F.3d 234) (August 3, 2000) (Judge Alice M. Batchelder)

Article • September 1, 2000 • from P&J September, 2000

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

U.S. v. Wang, No. 98-6490 (6th Cir.) (222 F.3d 234) (August 3, 2000) (Judge Alice M. Batchelder) by Here the Court reversed a Hobbs Act conviction on the grounds that the defendant’s robbery of $4,200 from individual victims did not have a sufficient impact on interstate commerce to support a …

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (203 F.3d 333) (February 3, 2000) (Judge E. Grady Jolly)

Article • March 1, 2000 • from P&J March, 2000

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

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (203 F.3d 333) (February 3, 2000) (Judge E. Grady Jolly) by After noting a statutory ambiguity in, and a Circuit split on the interpretation of, the Federal murder-for-hire statute (18 USC § 1958), the Fifth Circuit held that the Government had sufficiently established …

U.S. v. Tasy, No. 99-1758 (8th Cir.) (203 F.3d 1060) (February 10, 2000) (Judge Donald P. Lay)

Article • March 1, 2000 • from P&J March, 2000

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

U.S. v. Tasy, No. 99-1758 (8th Cir.) (203 F.3d 1060) (February 10, 2000) (Judge Donald P. Lay) by In this case the defendants were accused of shipping stolen computers in interstate commerce, but the Court concluded that the Government had failed to prove its case. It summarized its conclusion by …

Reno v. Condon, No. 98-1464 (U.S. Supreme Court) (528 U.S. 141; 120 S.Ct. 666) (January 12, 2000) (Justice Rehnquist)

Article • January 19, 2000

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Reno v. Condon, No. 98-1464 (U.S. Supreme Court) (528 U.S. 141; 120 S.Ct. 666) (January 12, 2000) (Justice Rehnquist) by Here the Court unanimously held that the 1994 Driver's Privacy Protection Act (DPPA) (18 U.S.C. §§ 2721-25) is a valid exercise of Congress's Commerce Clause power and does not violate …

U.S. v. Cisneros, No. 98-40955 (5th Cir.) (194 F.3d 626) (October 28, 1999) (Judge E. Grady Jolly)

Article • December 1, 1999 • from P&J December, 1999

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U.S. v. Cisneros, No. 98-40955 (5th Cir.) (194 F.3d 626) (October 28, 1999) (Judge E. Grady Jolly) by Here the Court held that making phone calls from Mexico to the U.S. in arranging a murder-for-hire satisfied the jurisdictional element of 18 USC § 1958. The principal issue addressed by the …

U.S. v. Smith, No. 97-2250 (6th Cir.) (182 F.3d 452) (June 28, 1999) (Judge Danny J. Boggs)

Article • September 1, 1999 • from P&J September, 1999

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U.S. v. Smith, No. 97-2250 (6th Cir.) (182 F.3d 452) (June 28, 1999) (Judge Danny J. Boggs) by The Court stated: "Although this Circuit has not published a decision directly on point, in an unpublished opinion one panel reasoned that "the Hobbs Act involves an activity, crimes against small shops, …

U.S. v. Yankowski, No. 98-30237 (9th Cir.) (184 F.3d 1071) (July 7, 1999) (Judge Alfred T. Goodwin)

Article • September 1, 1999 • from P&J September, 1999

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U.S. v. Yankowski, No. 98-30237 (9th Cir.) (184 F.3d 1071) (July 7, 1999) (Judge Alfred T. Goodwin) by This is another one of those cases dealing with the never ending efforts of the Government to expand the scope of the Hobbs Act (18 U.S.C. § 1951(a)) beyond its statutory confines. …

U.S. v. Garcia, No. 97-80727 (E.D.Mich.) (68 F.Supp.2d 802) (September 22, 1999) (Judge Nancy G. Edmunds)

Article • September 1, 1999 • from P&J September, 1999

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U.S. v. Garcia, No. 97-80727 (E.D.Mich.) (68 F.Supp.2d 802) (September 22, 1999) (Judge Nancy G. Edmunds) by The defendant in this case was charged with conspiracy and various substantive violations of the RICO statutes, including a charge that he committed murder in violation of the Federal law, known as the …

U.S. v. Hernandez, No. 97-30201 (9th Cir.) (189 F.3d 785) (August 17, 1999) (Judge M. Margaret McKeown)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Venue - Generally

U.S. v. Hernandez, No. 97-30201 (9th Cir.) (189 F.3d 785) (August 17, 1999) (Judge M. Margaret McKeown) by In this case, the government conceded that Hernandez was "found in" the United States in Oregon, but argues that Hernandez was also "found in" the United States in Washington because section 1326 …

U.S. v. Hickman, No. 97-40237 (5th Cir.) (179 F.3d 230) (June 21, 1999) (Per Curiam)

Article • August 1, 1999 • from P&J August, 1999

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U.S. v. Hickman, No. 97-40237 (5th Cir.) (179 F.3d 230) (June 21, 1999) (Per Curiam) by This decision contains an excellent review of the competing judicial views on the constant struggle over the expanding use of the Hobbs Act (18 U.S.C. § 1951) to prosecute "local" crimes that were previously …

U.S. v. Brennan, No. 97-1440 (2nd Cir.) (183 F.3d 139) (July 7, 1999) (Judge Pierre N. Leval)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Venue - Generally

U.S. v. Brennan, No. 97-1440 (2nd Cir.) (183 F.3d 139) (July 7, 1999) (Judge Pierre N. Leval) by In a decision that the Court itself called "perhaps surprising", the Second Circuit vacated a series of mail fraud convictions obtained pursuant to 18 U.S.C. § 1341 on the ground that venue …

U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson)

Article • May 1, 1999 • from P&J May, 1999

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U.S. v. Kaplan, No. 95-4908 (11th Cir.) (171 F.3d 1351) (April 9, 1999) (Judge James Larry Edmondson) by Reversing a panel's decision, the Court reinstated a conviction for a violation of the Hobbs Act, and held that the Government need only show "a realistic probability of an effect, or some …

U.S. v. Truesdale, No. 97-10773 (5th Cir.) (152 F.3d 443) (August 24, 1998) (Judge Will L. Garwood)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Venue - Generally

U.S. v. Truesdale, No. 97-10773 (5th Cir.) (152 F.3d 443) (August 24, 1998) (Judge Will L. Garwood) by Court reversed gambling convictions due to lack of evidence that defendants engaged in illegal bookmaking in Texas, where facts showed that bookmaking portion of their business occurred in Jamaica and the Dominican …

U.S. v. Hickman, No. 97-40237 (5th Cir.) (151 F.3d 446) (September 1, 1998) (Judge Robert M. Parker)

Article • September 1, 1998 • from P&J September, 1998

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U.S. v. Hickman, No. 97-40237 (5th Cir.) (151 F.3d 446) (September 1, 1998) (Judge Robert M. Parker) by The Court stated: "A review of Supreme Court authority raises serious questions regarding whether aggregation principles can be used as the commerce clause jurisdictional hook under the Hobbs Act when the underlying …

U.S. v. Marsh, No. 06-10287 (9th Cir.) (144 F.3d 1229) (May 27, 1998) (Judge John T. Jr. Noonan)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Venue - Generally

U.S. v. Marsh, No. 06-10287 (9th Cir.) (144 F.3d 1229) (May 27, 1998) (Judge John T. Jr. Noonan) by In this tax protester case the Court vacated a series of convictions both because Government's proof violated the Confrontation Clause and because of improper venue. United States v. Marsh, 144 F.3d …

U.S. v. Farrish, No. 97-1057, No. 1943 (2nd Cir.) (122 F.3d 146) (August 27, 1997) (Judge Jose A. Cabranes)

Article • October 1, 1997 • from P&J October, 1997

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U.S. v. Farrish, No. 97-1057, No. 1943 (2nd Cir.) (122 F.3d 146) (August 27, 1997) (Judge Jose A. Cabranes) by United States v. Farrish, 122 F.3d 146 (2nd Cir. 1997) (Judge Cabranes) United States v. Miles, 122 F.3d 235 (5th Cir. 1997) (Per Curiam) The debate over the scope and …

U.S. v. Woodruff, No. 96-10397 (9th Cir.) (122 F.3d 1185) (August 6, 1997) (Judge Jerome Farris)

Article • October 1, 1997 • from P&J October, 1997

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U.S. v. Woodruff, No. 96-10397 (9th Cir.) (122 F.3d 1185) (August 6, 1997) (Judge Jerome Farris) by Citing its decision in U.S. v. Atcheson, 94 F.3d 1237 (9th Cir. 1996), the Court stated: "Lopez's "substantially affects" test is not applicable to the Hobbs Act, we explained, because the Lopez test …