U.S. v. BERNARD

No. 92-8676.

47 F.3d 1101 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. James Curtis BERNARD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 17, 1995.


Attorney(s) appearing for the Case

Donald F. Samuel, Garland & Samuel, Atlanta, GA, for appellant.

Samuel A. Wilson, Jr., Asst. U.S. Atty., Macon, GA, for appellee.

Before HATCHETT and ANDERSON, Circuit Judges, and DYER, Senior Circuit Judge.


PER CURIAM:

A jury convicted the appellant, James Curtis Bernard, of violating the Hobbs Act, 18 U.S.C. § 1951, which provides, in relevant part:

(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by extortion ... shall be imprisoned for not more than twenty years....

In order to sustain its burden of proof in a Hobbs Act prosecution, the government must establish...

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