Conspirator in String of Armed Robberies Pleads Guilty

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Title: Conspirator in String of Armed Robberies Pleads Guilty

Date: 09-26-2016 01:05 PM

Summary: Man has pleaded to federal charges of obstructing interstate commerce, according to federal documents detailing his plea deal back in July.

Click here for the full story...
 

GURPS

INGSOC
PREMO Member
...... federal charges of obstructing interstate commerce ........


:confused:


.... no doubt the pair should be doing a long time behind bars, but WTF with the Federal Charges


https://en.wikipedia.org/wiki/Hobbs_Act

The Hobbs Act, named after Congressman Sam Hobbs (D-AL) and codified at 18 U.S.C. § 1951, is a U.S. federal law enacted in 1946 that provides:

(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.

Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371. Although the Hobbs Act was enacted as a statute to combat racketeering in labor-management disputes, the statute is frequently used in connection with cases involving public corruption, commercial disputes, and corruption directed at members of labor unions.

The Hobbs Act criminalizes both robbery and extortion, where:

"robbery" means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, and
"extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.



4.18.1951 Interference with Commerce by Robbery or Extortion (Hobbs Act),

18 U.S.C. 1951 See Statute

[Defendant] is accused of obstructing, delaying and affecting commerce by committing [robbery; extortion]. It is against federal law to obstruct, delay or affect commerce by committing [robbery; extortion]. For you to find [defendant] guilty of this crime, you must be convinced that the government has proven each of the following things beyond a reasonable doubt:

First, that [defendant] knowingly and willfully obtained property from [person or corporation robbed/extorted];

Second, that [defendant] did so by means of [robbery; extortion];

Third, that [defendant] knew that [person or corporation robbed/extorted or its employees] parted with the property because of the [robbery; extortion]; and

Fourth, that the [robbery; extortion] affected commerce.

It is not necessary for you to find that [defendant] knew or intended that [his/her] actions would affect commerce. It is only necessary that the natural consequences of the acts committed by [defendant] as charged in the indictment would affect commerce in any way or degree. The term commerce means commerce between any point in a state and any point outside the state.

Robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force, or violence, or fear of injury to his or her person or property, or property in his or her custody or possession, or of anyone in his or her company at the time.

Extortion means the obtaining of property from another with his or her consent, induced by wrongful use of actual or threatened force, violence or fear, or under color of official right.
 

glhs837

Power with Control
...... federal charges of obstructing interstate commerce ........


:confused:


.... no doubt the pair should be doing a long time behind bars, but WTF with the Federal Charges


. The term commerce means commerce between any point in a state and any point outside the state.

There's the key right there. So, I would think they could point to stuff like a schedule delivery from VA that had to turn around because the store was locked down a as crime scene, incurring thousands of dollars to get straight. I agree, seems a bit silly to apply those. But if you know damn well that the local judges are gonna give these guys a slap on the wrist, as always, maybe you rope in the feds hoping to get some time that actually sticks......
 
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