United States Fifth Circuit

Convictions for extortion and conspiracy under the Hobbs Act are affirmed, as (1) the district court did not constructively amend the indictment through a jury instruction, and (2) where counts involve extortion to fix drug trafficking charges, the Hobbs Act did not exceed Congress's Commerce Clause power. (Republished opinion)

Appellate Information

• Decided 02/27/2003
• Published 02/27/2003

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jose Luis Ramos, Sr. (argued), Rio Grande City, TX, for Jose Marcelino Rubio, Sr., Oscar J. Pena, Sr. (argued), Laredo, TX, for Gregorio Jesus Castaneda.


• For Appellees:
  
• Kathlyn Giannaula Snyder, Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.