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U.S. v. LYNCH

No. 00-30247.

265 F.3d 758 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. John LYNCH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2001.

Attorney(s) appearing for the Case

Judy Clarke, Federal Defender, Office of Federal Public Defender, Spokane, Washington, for the defendant-appellant.

Bernard F. Hubley, Assistant United States Attorney, Helena, Montana, and Joseph E. Thaggard, Special Assistant, United States Attorney Office, Missoula, Montana, for the plaintiff-appellee.

Before: WALLACE, HALL, and T.G. NELSON, Circuit Judges.

WALLACE, Circuit Judge:

Lynch appeals from his conviction and sentence for violation of the Hobbs Act (robbery), 18 U.S.C. §§ 1951(a) and (b), and using or carrying a firearm during a crime of violence, 18 U.S.C. § 924(c)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291. The critical issue before us is whether Lynch's robbery "affects commerce." We vacate the conviction and sentence and remand to the district court to determine if it lacks...

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