U.S. v. QUIGLEY

No. 94-3312.

53 F.3d 909 (1995)

UNITED STATES of America, Appellant, v. John W. QUIGLEY; Johnny Ray Jones, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 27, 1995.


Attorney(s) appearing for the Case

Marie K. McElderry, Washington, DC, argued (Dennis J. Dimsey, on the brief), for appellant.

John W. Gallup, Omaha, NE, argued (Vincent M. Powers of Lincoln, NE, on the brief), for appellee.

Before McMILLIAN, FAGG, and HANSEN, Circuit Judges.


FAGG, Circuit Judge.

A jury convicted John W. Quigley and Johnny Ray Jones of interfering with interstate commerce by robbing Stanley Spotted Calf and Oliver Turkey. See 18 U.S.C. § 1951(a) (1988). The district court granted the defendants' motion for judgment of acquittal, holding the evidence was insufficient as a matter of law to show commerce was affected within the statute's meaning. The Government appeals. We affirm.

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