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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

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

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

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

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. 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. 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. 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. 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 …

U.S. v. Hardy, No. 96-3341 (7th Cir.) (120 F.3d 76) (July 18, 1997) (Per Curiam)

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

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

U.S. v. Hardy, No. 96-3341 (7th Cir.) (120 F.3d 76) (July 18, 1997) (Per Curiam) by Citing decisions from the Eighth and Tenth Circuits, the Court concluded that U.S. v. Lopez, 514 U.S. 549 (1995) had no effect on the validity of § 922(u) as a legitimate exercise of Conress' …

U.S. v. Monteleone, No. 95-1994 (8th Cir.) (77 F.3d 1086) (February 29, 1996) (Judge Floyd R. Gibson)

Article • April 1, 1996 • from P&J April, 1996

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U.S. v. Monteleone, No. 95-1994 (8th Cir.) (77 F.3d 1086) (February 29, 1996) (Judge Floyd R. Gibson) by Here the Court rejected a challenge that Congress had exceeded its authority under the Commerce Clause when it enacted 18 USC § 922(d).

U.S. v. Collins, No. 93-1670 (5th Cir.) (40 F.3d 95) (December 2, 1994) (Judge Henry A. Politz)

Article • January 1, 1994

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U.S. v. Collins, No. 93-1670 (5th Cir.) (40 F.3d 95) (December 2, 1994) (Judge Henry A. Politz) by In this case the Fifth Circuit refused to apply the Hobbs Act (18 U.S.C. § 1951(a) to the robbery of an automobile and a cellular telephone from a computer company executive, even …