U.S. v. GRAY

No. 00-11491.

260 F.3d 1267 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel GRAY, a.k.a. "Pokey", Defendant-Appellant. Aug. 7, 2001.

United States Court of Appeals, Eleventh Circuit.

August 7, 2001.


Attorney(s) appearing for the Case

Vionnette Reyes, Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Jane Wilcox Swift, Atlanta, GA, for Plaintiff-Appellee.

Before BIRCH, MARCUS and WOOD, Circuit Judges.


MARCUS, Circuit Judge:

Defendant Samuel Gray appeals his conviction and sentence for Hobbs Act robbery, 18 U.S.C. § 1951, and for using and carrying a firearm during the robbery, 18 U.S.C. § 924(c). Gray's principal argument is that the Government failed to prove that the conduct giving rise to the robbery charge had a sufficient effect on interstate commerce, as required by the Hobbs Act. Gray basically acknowledges that, under binding Eleventh Circuit...

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