U.S. v. McCORMACK

No. 02-2579.

371 F.3d 22 (2004)

UNITED STATES of America, Appellee, v. James McCORMACK, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 8, 2004.


Attorney(s) appearing for the Case

Charles W. Rankin, with whom Rankin & Sultan was on brief, for appellant.

Kathleen A. Felton, Attorney, U.S. Department of Justice, with whom Michael J. Sullivan, U.S. Attorney, and George W. Vien and Michael D. Ricciuti, Assistant U.S. Attorneys, were on brief, for appellee.

Before LYNCH, Circuit Judge, LIPEZ, Circuit Judge, and GARCIA-GREGORY, District Judge.


LYNCH, Circuit Judge.

This case raises two issues: whether this Hobbs Act prosecution was within the scope of Congress's power under the Commerce Clause, and whether the defendant's sentence was in error in light of his acquittal on one count.

Seeking to extort money from James Carter, a former drug dealer, James McCormack helped plan and execute Carter's kidnapping and ransom. After violently abducting Carter from his home, McCormack and his fellow kidnappers...

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