United States First Circuit

Conviction and sentence under the Hobbs Act for committing and conspiring to commit robbery are affirmed over defendant's contentions that: 1) the district court erred in denying his motion to dismiss based on the government's putative loss or destruction of the store's video surveillance tape; 2) the government adduced insufficient evidence on the essential element of the Hobbs Act that the robbery in some way "obstruct[ed], delay[ed] or affect[ed]" interstate commerce; 3) the district court erred in imposing a two-level sentencing enhancement for using "physical restraint" during the course of the robbery; and 4) the sentence was unreasonable.

Appellate Information

• Decided 04/24/2007
• Published 04/24/2007

Judges

• CYR, Senior Circuit Judge., Before BOUDIN, Chief Circuit Judge, CYR and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan R. Saxe, Assistant Federal Public Defender, Federal Defender Office, for appellant.


• For Appellees:
  
• Terry L. Ollila, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, and David A. Feith, Assistant United States Attorney, were on brief for appellee.