United States v. Davis

328 F. App'x 701
CourtCourt of Appeals for the Second Circuit
DecidedMay 27, 2009
DocketNo. 08-3604-cr
StatusPublished

This text of 328 F. App'x 701 (United States v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Davis, 328 F. App'x 701 (2d Cir. 2009).

Opinion

SUMMARY ORDER

Defendant-appellant Raheen Davis appeals from a judgment of conviction entered on July 15, 2008, following a two-week jury trial in the Southern District of New York (Kaplan, J.) for conspiracy to commit a Hobbs Act robbery and carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 1951, 924(c)(1)(A)(iii). Evidence presented at trial showed that Davis, Rigoberto Ramos and Lafonso Mitchell conspired to rob Henry King, a small-time marijuana dealer who sold drugs out of his Manhattan apartment. Davis, Mitchell, and co-conspirator Otis Austin forced their way into King’s apartment and robbed him at gunpoint of $500 worth of marijuana and an indeterminate amount of money. Davis then shot King, his common-law wife and [702]*702her son. Henry King was killed. We assume the parties’ familiarity with the facts and procedural history of this case.

On appeal, Davis asserts principally that the evidence presented at trial was insufficient for a jury to find beyond .a reasonable doubt that the robbery of King had any effect on interstate commerce, and therefore, failed to satisfy the jurisdictional element of a Hobbs Act violation.

“A defendant challenging the sufficiency of the evidence bears a heavy burden.... ” United States v. Pipola, 83 F.3d 556, 564 (2d Cir.1996). On a sufficiency challenge, “we view the evidence in the light most favorable to the government, drawing all inferences in the government’s favor and deferring to the jury’s assessments of the witnesses’ credibility.” United States v. Arena, 180 F.3d 380, 391 (2d Cir.1999) (internal quotation marks omitted). We will sustain the jury’s verdict so long as “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (emphasis in original).

Under the Hobbs Act, it is illegal to “obstruct[ ], delay[ ], or affeet[ ] commerce or the movement of any article or commodity in commerce,” “in any way or degree” “by robbery or extortion or attempt[ing] or eonspir[ing] to do so.” 18 U.S.C. § 1951(a). The government’s burden of proving a nexus to interstate commerce is “minimal,” United States v. Elias, 285 F.3d 183, 188 (2d Cir.2002), and even a de minimis showing is sufficient, United States v. Parkes, 497 F.3d 220, 230 (2d Cir.2007). In a prosecution for Hobbs Act conspiracy, “all that need be shown is the possibility or potential of an effect on interstate commerce, not an actual effect.” United States v. Jones, 30 F.3d 276, 285 (2d Cir.1994). Moreover, “[t]he required evidence of [such] an effect need not take any pai'ticular form or be offered in any particular quantum — direct, indirect, or circumstantial evidence could suffice.” Parkes, 497 F.3d at 231 n. 11.

The evidence presented at trial that related to the robbery’s effect on interstate commerce included: (1) coconspirator Mitchell’s testimony that Ramos suggested that Davis and Mitchell rob Henry King of his “money and weed”; (2) coconspirator Mitchell’s testimony that he had previously purchased marijuana from Henry King and that he told Davis that King “got some Arizona weed or something”; (3) Mitchell’s testimony that Davis had said about King’s marijuana something to the effect of “let’s go get it”; (4) Mitchell’s testimony that he, Ramos and Davis robbed King of approximately 100 “[n]ickel ba[g]s” of marijuana and that the bags bore the same emblem as the marijuana he had previously purchased from King; (5) the expert testimony of DEA Agent Craig Phildius, that in his experience, “the vast majority of marijuana that gets into this country is from outside of our own borders”; (6) Phildius’s testimony that in the roughly fifty eases he has worked on involving marijuana dealers in New York City, “[e]very one” has involved marijuana that was grown outside of New York State; (7) the testimony of Mercy Ramos, who bought marijuana from Henry King “[a]ll the time,” including the day he was murdered, that King sold “Ari” ie., “Arizona” marijuana; and (8) Agent Phildius’s testimony that he is familiar with the term “Arizona” and that in connection with marijuana it means “that particular bunch of marijuana came from the State of Arizona” or passed through Arizona, likely on its way from Mexico.

During his testimony Agent Phildius conceded that: (1) marijuana can be grown indoors and that there have been seizures of marijuana grown in New York State; (2) the New York City marijuana cases he [703]*703has worked on “are all primarily large-scale marijuana cases in which the organization is dealing in hundreds of pounds and in some cases thousands of pounds of marijuana”; and (3) he has no personal knowledge about where Henry King obtained his marijuana.

In United States v. Parkes, 497 F.3d 220 (2d Cir.2007), we affirmed a conviction under the Hobbs Act because the “limited evidence,” id. at 226, adduced at trial was sufficient to show that defendant’s attempted robbery of a “local, part-time marijuana dealer,” id., would have affected interstate commerce:

As [a co-conspirator in the attempted robbery] testified, Parkes and the others intended to enter the dealer’s place of business, “a little room,” and rob the inventory and proceeds “spread out on the table”-a small but going enterprise. The police search of [the dealer’s] room yielded one large bag containing marijuana, 58 smaller “nickel bags,” and $4,000 in cash. Moreover, an experienced narcotics investigator testified that marijuana “is almost exclusively trucked into the United States, predominantly through Mexico” and that “[v]ery little” marijuana is grown in New York. In sum, a reasonable juror, hearing this evidence, could have found that the attempted robbery of [the dealer’s] marijuana or proceeds would have affected interstate commerce “in any way or degree.” 18 U.S.C. § 1951(a).

Id. at 231 (citations, footnotes and parenthetical explanation omitted).

On appeal, the government urges us to apply our holding in Parkes to the facts here, while Davis argues that Parkes is distinguishable. In Parkes, the expert told the jury that marijuana comes “almost exclusively” from abroad, whereas here the expert testified that the “vast majority” of marijuana comes from abroad. And in Parkes, the police recovered $4,000 in cash and a “large bag” of marijuana, whereas here, the conspirators robbed King of what appears to be a smaller quantity of drugs and an unknown amount of money.

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328 F. App'x 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-davis-ca2-2009.