United States v. Henry Mathis

186 F. App'x 971
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 26, 2006
Docket05-15511; D.C. Docket 04-00036-CR-WLS-1
StatusUnpublished
Cited by2 cases

This text of 186 F. App'x 971 (United States v. Henry Mathis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Henry Mathis, 186 F. App'x 971 (11th Cir. 2006).

Opinion

*974 PER CURIAM:

Appellant Henry Mathis, an elected commissioner of the City of Albany, Georgia, appeals his 36-month sentence for three convictions of extortion by a public official, in violation of 18 U.S.C. § 1951; and one count of misleading statements, in violation of 18 U.S.C. § 1512(b)(3). The government cross-appeals arguing that Mathis’s sentence is unreasonable in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), because it is far below the recommended sentencing guideline range.

On appeal, Mathis first argues that the evidence failed to establish the required nexus to interstate commerce. Second, Mathis argues that the evidence did not establish extortion under the threat of economic loss. Third, Mathis argues that the government could not prosecute him for making misleading statements after law enforcement had completed their investigation by invoking a statement from him in which he denied information that authorities already had. Fourth, Mathis challenges the district court’s application of the guideline governing extortion by force or threat of injury or serious damage under U.S.S.G. § 2B3.2, rather than the guidelines for blackmail and similar forms of extortion under U.S.S.G. § 2B3.3. Fifth, Mathis argues that the district court erred by applying the obstruction of justice enhancement under U.S.S.G. § 3C1.1. Finally, Mathis argues that the district court erred by enhancing the offense level for abuse of position of trust under U.S.S.G. § 3B1.3.

The government cross appeals arguing that the district court erred in sentencing Mathis to only 36 months in prison where the sentencing guideline range was 57 to 71 months, and the court’s only stated reason for imposing a sentence below the recommended guideline range would have justified a sentence of 51 to 63 months. We address these seven issues in turn.

I.

Generally, we review de novo whether the record contains sufficient evidence to support a jury’s guilty verdict, and view the evidence in the light most favorable to the government, with all reasonable inferences and credibility choices made in the government’s favor. United States v. Calderon, 127 F.3d 1314, 1324 (11th Cir.1997). Where, as here, a defendant does not move the district court for a judgment of acquittal at the close of the evidence, within seven days after a guilty verdict, or after the jury is discharged, however, we may reverse the conviction only to prevent a manifest miscarriage of justice. See Fed. R.Crim.P. 29(a), and (c); United States v. Hamblin, 911 F.2d 551, 556-57 (11th Cir. 1990). This standard requires us to find that “the evidence on a key element of the offense is so tenuous that a conviction would be shocking.” Id. at 557 n. 2 (citation omitted).

The Hobbs Act applies to those who “in any way or degree ... affects commerce or the movement of any article or commodity in commerce, by ... extortion or attempts ... to do [so].... ” 18 U.S.C. § 1951(a). In order to sustain jurisdiction under the Hobbs Act, the government need only show that the offense had at least a minimal impact, so long as it is actual, on interstate commerce. United States v. Guerra, 164 F.3d 1358, 1359-60 (11th Cir.1999); United States v. Diaz, 248 F.3d 1065, 1088 (11th Cir.2001). We have “continued to stress a fact-specific inquiry into the ... likely extent of any impact on interstate commerce.” United States v. Verbitskaya, 406 F.3d 1324, 1332 n. 10 (11th Cir.2005). Furthermore, “it is of no moment to the analysis whether the effect is characterized as ‘direct’ or ‘indireet’-if *975 the defendant’s conduct had a minimal effect on commerce, nothing more is required.” United States v. Gray, 260 F.3d 1267, 1276 (11th Cir.2001) (citation omitted). “Where a defendant is charged with attempt ... to violate the Hobbs Act, the interstate nexus may be demonstrated by evidence of potential impact on interstate commerce or by evidence of actual, de minimis impact.” United States v. Le, 256 F.3d 1229, 1232 (11th Cir.2001) (internal quotations and citations omitted).

Considering each of the three episodes of extortion separately, we find that the record here demonstrates that the government’s proof satisfied the interstate nexus jurisdictional requirement under the “depletion of assets” theory. Under that theory, “commerce is affected when an enterprise, which either is actively engaged in interstate commerce or customarily purchases items in interstate commerce, has its assets depleted through extortion, thereby curtailing the victim’s potential as a purchaser of such goods.” United States v. Jackson, 748 F.2d 1535, 1537 (11th Cir. 1984).

With regard to McDonald, a victim of Mathis’s extortion, the testimony at trial showed that McDonald was treasurer of a motorcycle club (“Club”); he spent between $100 and $200 per week buying beer at a local package store; the beer was sold at the Club’s lounge (“lounge”); and he was reimbursed for those expenses by the Club’s secretary. McDonald testified that had he not given his money to Mathis, that money would have been used to buy more beer for the lounge. The record shows that the beer that McDonald regularly purchased had been transported through interstate commerce. Therefore, Mathis’s extortion of McDonald depleted McDonald’s assets, burdened him with an additional cost of supplying the lounge with beer, and had at least a minimal impact on interstate commerce. See Gray, 260 F.3d at 1276.

The record also shows that Mathis’s extortion of Wilson had at least a minimal impact on interstate commerce. Testimony at trial showed that Southwest Carting (“Southwest”), Wilson’s garbage collection enterprise, spent approximately $2,500 per month on fuel that was transported from out of state and sold in Albany. In addition, Wilson testified that had she not given Mathis the money she gave him, that money would have gone into Southwest. Thus, like Jackson, the record here shows that Mathis’s extortion depleted Southwest’s assets and burdened Wilson with an additional cost of doing business.

Last, because Hadley, another victim of Mathis’s extortion, was the operations manager of Southwest and Mathis approached Hadley during Southwest’s subcontract to provide garbage collection services to the City, a reasonable jury could have concluded that Mathis targeted Hadley in his capacity and relationship with Southwest.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Davist
Sixth Circuit, 2007
United States v. Jabbolli Kenyatta Davist
481 F.3d 425 (Sixth Circuit, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
186 F. App'x 971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-henry-mathis-ca11-2006.