Note, this is a follow up on the third of three opinions issued yesterday that we blogged about; see original teaser post here.
Hobbs Act robbery (the interstate commerce element); Rule 16 violation (late disclosure of defendant’s statement); defense counsel’s summation comment (case agent is an interested witness); sequestration of a witness (the case agent).
United States v. Hisan Lee, et al., Nos.11-2539; 11-2543; 11-2834; 11-4068 (Aug. 24, 2016) (Circuit Judges: Cabranes, Pooler, and Lynch).
A) A robbery that affects the “intrastate” sale of marijuana satisfies the interstate commerce element of Hobbs Act robbery (18 USC § 1951)
The defendants were part of a group (called the DeKalb Avenue Crew) that robbed dealers of cocaine and marijuana. Relying on the Circuit’s prior caselaw, the several defendants argued that evidence of an effect on interstate commerce was insufficient “because there was no evidence that any marijuana involved in the …