United States Second Circuit

Defendant's Hobbs Act robbery and Hobbs Act conspiracy convictions are affirmed in part where the interstate commerce element was proven with respect to the defendants' conspiracy convictions, which encompassed cocaine and heroin robberies - substances that necessarily originated out-of-state. However, defendant's convictions are vacated in part where the government presented the jury with no evidence that the marijuana robberies at issue affected interstate commerce in any fashion.

Appellate Information

• Argued 05/22/2008
• Decided 05/14/2010
• Published 05/14/2010

Judges

• BARRINGTON D. PARKER, Circuit Judge:, Before: CABRANES, KATZMANN, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Elizabeth E. Macedonio, Bayside, NY, for Defendant-Appellant Derrilyn Needham., David L. Lewis, Lewis & Fiore, New York, NY, for Defendant-Appellant Javier Robles., Sanford N. Talkin, Talkin, Muccigrosso & Roberts, LLP, for Defendant-Appellant Corey Thompson., David S. Leibowitz, Assistant United States Attorney, for Michael J. Garcia, United States Attorney, Southern District of New York (Katherine Polk Failla, Assistant United States Attorney, on the brief), New York, NY, for Appellee United States of America.