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SCOTUS wrap-up: class action over unsolicited faxes revived
U.S. Supreme Court rules 6-3 that federal courts may assess FCC final rulings in TCPA fax cases, reversing 9th Circuit on Hobbs Act limits.
Texas can’t go to court to block nuclear storage site, justices rule
The U.S. Supreme Court rules Texas can’t go to court to challenge a license issued by the Nuclear Regulatory Commission to construct a facility in West Texas to store spent nuclear fuel.
Criminal – Bribery – Hobbs Act
Where two defendants were convicted of federal program bribery in violation of 18 U.S.C. §666, those convictions must be reversed because the evidence does not show that the purpose of the bribery — to protect a contract between an architectural firm and the Mashpee Wampanoag Gaming Authority — constituted any “business” of the Mashpee Wampanoag Tribe.
Criminal – Hobbs Act – Interstate commerce
Where a defendant was convicted of conspiracy to commit robbery under 18 U.S.C. §1951, those two convictions should be upheld despite the defendant’s argument that there is insufficient evidence to support a reasonable jury finding that his actions affected interstate commerce.
Criminal – Conspiracy – Hobbs Act
Where a jury found a defendant guilty of conspiracy to interfere with interstate commerce by robbery in violation of 18 U.S.C. §1951, that conviction should be upheld despite the defendant’s contention that the indictment charged him with conspiring to rob the victim, whereas the government at trial proved only that he had conspired to commit a break-in at the victim's home.
Habeas corpus – Hobbs Act robbery – Resentencing
Where two petitioners have requested habeas corpus relief, they should be resentenced because Hobbs Act robbery is not a crime of violence under 18U.S.C. §924(c). “Dennis Quirk and Arthur Burgess have […]
Criminal – Sentencing – Hobbs Act
Where a defendant who pleaded guilty to Hobbs Act conspiracy to interfere with commerce by robbery was sentenced to 200 months, the defendant’s sentence is both procedurally sound and substantively […]
Criminal – Hobbs Act – Conspiracy
Where the defendant was charged with conspiring to possess cocaine with the intent to distribute and conspiring to commit robbery affecting interstate commerce, his motion for a judgment of acquittal must be denied given the sufficiency of evidence (1) establishing the existence of a Hobbs Act conspiracy and (2) demonstrating that the defendant was a knowing and willful member of the conspiracy.
Criminal – Hobbs Act – Attempted extortion
Where a federal jury convicted a defendant of one count of attempted extortion under color of official right in violation of the Hobbs Act and three counts of making a false statement, his appeal must fail, as the jury instructions were not erroneous, the evidence was sufficient to satisfy the reciprocity and interstate commerce elements of the Hobbs Act and the sentence the defendant received was[...]
Criminal – Hobbs Act
Where a defendant has been convicted conspiring to violate the Hobbs Act, the conviction should stand based on evidence that he played a role in robbing a drug dealer who made a living taking crack from New York to New Hampshire for sale there.
