United States v. Stanley

99-30473Court of Appeals for the Fifth Circuit7 gen 2000

Testo completo

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30473
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES CHARLIE STANLEY, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 98-CR-106-1
--------------------
January 4, 2000
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
James Charlie Stanley, Jr., appeals his jury-trial
conviction for interference with commerce by robbery. Stanley
makes interrelated arguments that the evidence was insufficient
to prove beyond a reasonable doubt that the robbery affected
interstate commerce and that the Hobbs Act is unconstitutional as
applied to his case because the robbery had only a de minimis
effect upon interstate commerce. Stanley’s arguments are
foreclosed by prior decisions of this court. See United States
v. Jennings, F.3d , 1999 WL 1021244 at *5 (5th Cir. Nov.

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No. 99-30473
-2-
10, 1999, No. 98-20437); United States v. Robinson, 119 F.3d 1205
(5th Cir. 1997), cert. denied, 118 S. Ct. 1104 (1998).
AFFIRMED.

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