United States Ninth Circuit

Defendant's convictions for conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, conspiracy to affect commerce by robbery and extortion, and possession of a firearm in furtherance of a crime of violence and aiding and abetting, are reversed and remanded for a new trial, where: 1) the district court erred in instructing the jury on the entrapment defense; 2) sentencing entrapment must be tried to a jury where the defendant's argument and the evidence raise the possibility of changing the applicable statutory maximum or minimum sentences; but 3) the Hobbs Act criminalizes robbery and extortion even when the property at issue is contraband. (Amended opinion)

Appellate Information

• Decided 03/17/2014
• Published 03/17/2014

Judges

• SILVERMAN

Court

• United States Ninth Circuit

Counsel