UNITED STATES v. ELDERS

No. 77-1181.

569 F.2d 1020 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Thelbert C. ELDERS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 1978.


Attorney(s) appearing for the Case

Sherman C. Magidson, Francis E. Andrew, Carl P. Clavelli, Georgette Pantusos, Chicago, Ill., for defendant-appellant.

Thomas P. Sullivan, U. S. Atty., John E. Burns, Leida B. Schoggen, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, SWYGERT and BAUER, Circuit Judges.


SWYGERT, Circuit Judge.

In this appeal our principal concern is the nature of the effect on interstate commerce needed to establish jurisdiction under the Hobbs Act.

An eleven-count indictment, filed October 30, 1975, charged Thelbert C. Elders with violating the federal tax laws and the Hobbs Act. Subsequently, the grand jury returned a superseding indictment, changing the dates of the periods in the two extortion counts. Before trial the Government dismissed...

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