United States v. Reyes

363 F. App'x 192
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 27, 2010
DocketNo. 08-4783
StatusPublished

This text of 363 F. App'x 192 (United States v. Reyes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Reyes, 363 F. App'x 192 (3d Cir. 2010).

Opinion

OPINION

AMBRO, Circuit Judge.

In July 2006, Thomas Reyes attempted to rob a grocery store in Philadelphia. A [194]*194jury convicted him of various crimes relating to this incident. Reyes appeals, challenging only his conviction for attempted interference with interstate commerce by robbery, in violation of 18 U.S.C. § 1951(a) (the “Hobbs Act”). In particular, he challenges his conviction on three grounds: 1) the insufficiency of the Government’s evidence to sustain his Hobbs Act conviction; 2) the unconstitutionality of the Hobbs Act as applied to his conduct; and 3) deficiencies in the indictment and jury charge.

We reject each of these challenges, and therefore afirnn.

I.

The Gomez Grocery is located in the Germantown section of Philadelphia. The store is open to out-of-state customers, and much of its inventory is delivered from other states (including New Jersey, North Carolina, and Virginia). The store also has an ATM machine on premises. On July 16, 2006, Reyes attempted to rob the store with a loaded, 9 mm. semiautomatic pistol.

Around noon, Reyes entered the store. He was wearing gloves and glasses, as well as a bandana that covered his face. Reyes locked the front door, drew his pistol, and announced that it was a “stick up.” From there, he ordered customers and employees to drop to the floor. When Reyes leapt on the counter to reach the register, the store manager and an employee attempted to stop him. Reyes fired his gun several times during the struggle. He was ultimately subdued and arrested.

During the incident, various items were knocked from the shelves. In the end, the grocery store closed for the remainder of the workday — approximately eight hours.

II.

In November 2006, a grand jury returned a three-count indictment against Reyes, charging him with one count each of: 1) Hobbs Act robbery; 2) carrying and using a firearm during and in relation to a crime of violence (in violation of 18 U.S.C. § 924(c)(1)); and 3) possession of a firearm by a convicted felon (in violation of 18 U.S.C. § 922(g)(1)). Reyes’s jury trial began in August 2007. At trial, he did not object to the indictment, the trial court’s jury instructions, or the constitutionality of the Hobbs Act. Following a three-day trial, Reyes was convicted on all counts.

The District Court sentenced Reyes to 180 months’ imprisonment, five years of supervised release, a $1,000 fine, and a special assessment of $300. Reyes timely appealed.1

III.

In this appeal, Reyes challenges only his Hobbs Act robbery conviction. In the end, we reject each of Reyes’s arguments seeking to overturn that conviction.

A.

First, Reyes challenges the sufficiency of the Government’s evidence to convict him of Hobbs Act robbery. “In reviewing a challenge to the sufficiency of the evidence, we ‘must determine whether, viewing the evidence most favorably to the [Government, there is substantial evidence to support the jury’s guilty verdict.’ ” United States v. Urban, 404 F.3d 754, 762 (3d Cir.2005) (quoting United States v. Idowu, 157 F.3d 265, 268 (3d Cir.1998)). “We ‘will sustain the verdict if [195]*195any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Thus, a claim of insufficiency of the evidence places a very heavy burden on an appellant.’” Id. at 762-63 (quoting United States v. Dent, 149 F.3d 180, 187 (3d Cir.1998)) (internal quotation marks omitted).

The Hobbs Act applies to any robbery attempt that “in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce.” 18 U.S.C. § 1951(a). “To sustain a conviction for interference with commerce by robbery under § 1951, the [Government must prove the element of interference with interstate or foreign commerce by robbery.” United States v. Haywood, 363 F.3d 200, 209 (3d Cir.2004).

Reyes argues that Hobbs Act robbery requires a specific intent to affect interstate commerce, and that the Government failed to prove such a specific intent beyond a reasonable doubt. We disagree. It is well-established that a specific intent to affect interstate commerce is not an element of Hobbs Act robbery. Indeed, “[i]t is not necessary that the purpose [of the conduct was] to affect interstate commerce.” United States v. Addonizio, 451 F.2d 49, 77 (3d Cir.1972) (emphasis in original). Instead, the Government must prove only that “one of the natural effects [of the conduct was] an obstruction of that commerce.” Id. (emphasis in original). Accordingly, Reyes’s argument fails.

Reyes argues in the alternative that the trial evidence was insufficient to prove an effect on interstate commerce beyond a reasonable doubt. However, under the Hobbs Act the Government need not prove an actual effect on interstate commerce. Instead, it must only prove that the underlying robbery “potentially caused an effect on interstate commerce to any degree, however minimal or slight.” Urban, 404 F.3d at 762; see also Haywood, 363 F.3d at 211 n. 7; United States v. Clausen, 328 F.3d 708, 710-11 (3d Cir.2003). Furthermore, a “ ‘jury may infer that interstate commerce was affected to some minimal degree from a showing that the business assets were depleted.’ ” Haywood, 363 F.3d at 210 (quoting United States v. Zeigler, 19 F.3d 486, 493 (10th Cir.1994)); see also Urban, 404 F.3d at 767 (“[I]t is beyond cavil that the depletion of assets of a person engaged in interstate commerce has at least a ‘potential’ effect on that person’s engagement in interstate commerce.”).

At trial, the Government presented evidence that the grocery store imported portions of its inventory from other states, and was forced to close for approximately eight hours as a result of the robbery. During this period, the store could not receive goods from out-of-state vendors, sell its goods that had been delivered across state lines, or permit customers to use its ATM machine. Furthermore, the robbery itself was intended to steal money from the grocery store, which would have depleted its available assets and limited its ability to engage in interstate transactions.

Because the Government was required to prove only a minimal, potential effect on interstate commerce, we hold that it provided sufficient evidence to sustain Reyes’s conviction under the Hobbs Act.

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363 F. App'x 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-reyes-ca3-2010.