Wayne Michigan Jury Instruction - Interference With Commerce By Robbery - Hobbs Act - Racketeering - Robbery
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FAQ
If you've been charged with interference with commerce, you are in violation of 18 U.S.C. § 1951. In short, you are being charged with a federal crime of robbery. Interference in interstate commerce is any instance in which a person delays, obstructs or otherwise affects commerce.
It is a federal crime to interfere with interstate commerce by robbery. The Hobbs Act, 18 U.S.C. §1951, made such robberies federal crimes where the defendant interferes with commerce by a robbery. That is, a person interferes with interstate commerce when he robs a business affecting interstate commerce.
The Hobbs Act is a federal statute under 18 U.S.C § 1951 that makes it illegal for anyone to impede or affect interstate commerce in any way or degree by committing robbery or extortion.
On February 4, 1887, both the Senate and House passed the Interstate Commerce Act, which applied the Constitution's Commerce Clausegranting Congress the power to Regulate Commerce with foreign Nations, and among the several Statesto regulating railroad rates.
The Hobbs Act under 18 U.S.C § 1951 is a federal law prohibiting extortion or robbery by wrongful use of force or fear, or the attempt of these crimes, affecting interstate or foreign commerce. This 1946 Act was originally designed to target racketeering in labor disputes which were fairly common at that time.
In fact, there are no federal laws prohibiting the obstruction of interstate commerce or commuter traffic, and all the money that goes with it despite interstate commerce being federally regulated.
The Hobbs Act defines robbery as unlawfully taking another person's property by means of actual or threatened force. The second statute is 18 U.S.C. § 924(c), which makes it a federal crime to use a gun in connection with any crime of violence that can be prosecuted in federal court.
It held that attempted Hobbs Act robbery does not qualify as a crime of violence under § 924(c)(3)(A) because no element of the offense requires the government to prove that the defendant used, attempted to use, or threatened to use force.