United States Second Circuit

Defendants' Hobbs Act robbery convictions are reversed where the district court committed Confrontation Clause error by admitting a post arrest statement made by a co-defendant against them. Where evidence was insufficient to support a Hobbs Act robbery conviction against one defendant, he must be acquitted. (Amended)

Appellate Information

• Decided 05/03/2006
• Published 05/04/2006

Judges

• POOLER, Circuit Judge., Before:  CALABRESI, POOLER, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephen A. Miller, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, and Katherine Polk Failla, Assistant United States Attorney, on the brief) for Appellee., Joel K. Dranove, New York, NY, for Defendant-Appellant Angel Rodriguez., George R. Goltzer, New York, NY, for Defendant-Appellant Faustino Delarosa., Amelio P. Marino, Marino & Veneziano, New York, N.Y. for Defendant-Appellant Edgardo Vazquez Baez., B. Alan Seidler, New York, N.Y. for Defendant-Appellant Kenneth Rodriguez.