United States Seventh Circuit

Conviction for violation of the Hobbs Act prohibition on robberies that obstruct, delay or affect interstate commerce is affirmed where: 1) defendant's use of eBay to lure his victim was use of an interstate instrumentality for purposes of the Hobbs Act; and 2) it was not unconstitutional for the district judge to consider a charge for which the jury acquitted the defendant as a sentence enhancement since sentencing factors must only be proven by a preponderance of the evidence.

Appellate Information

• Argued 12/08/2006
• Decided 02/05/2007
• Published 02/06/2007

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Winfield D. Ong (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Gary L. Starkman, Erin Kelly McAllister (argued), McGuirewoods, Chicago, IL, for Defendant-Appellant.