United States First Circuit

Conviction and sentence for several Hobbs Act and firearms offenses based upon an attempt to rob an armored car facility are affirmed over defendant's arguments that: 1) a Hobbs Act conspiracy is not a "crime of violence" for purposes of a charge for use of a weapon during a crime of violence; 2) the evidence was insufficient to support a conviction for attempted robbery under the Hobbs Act; 3) the district court improperly instructed the jury on the elements of vicarious entrapment and the necessary impact on interstate commerce for a Hobbs Act violation; 4) the court erred in admitting taped statements regarding defendant's criminal past; 5) the court erred in admitting evidence of defendant's prior convictions; 6) the court erred in denying defendant's motion to sever his trial and to sever felon-in-possession counts from the rest of the charges; 7) the court erred in denying his motion for a new trial; 8) defendant was entitled to a sentence reduction for acceptance of responsibility; and 9) defendant was entitled to remand for resentencing pursuant to US v. Booker.

Appellate Information

• Decided 08/31/2007
• Published 08/31/2007

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, Circuit Judge, SILER, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert M. Goldstein with whom Martin G. Weinberg, was on brief, for appellant.


• For Appellees:
  
• John-Alex Romano, Department of Justice, with whom Michael J. Sullivan, United States Attorney, James F. Lang, Assistant United States Attorney, and Joseph F. Palmer, Attorney, Appellate Section, Criminal Division, Department of Justice, were on brief, for appellee.