United States v. Stanley

U.S. Court of Appeals for the Fifth Circuit

United States v. Stanley

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-30473 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAMES CHARLIE STANLEY, JR.,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 98-CR-106-1 -------------------- January 4, 2000

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

James Charlie Stanley, Jr., appeals his jury-trial

conviction for interference with commerce by robbery. Stanley

makes interrelated arguments that the evidence was insufficient

to prove beyond a reasonable doubt that the robbery affected

interstate commerce and that the Hobbs Act is unconstitutional as

applied to his case because the robbery had only a de minimis

effect upon interstate commerce. Stanley’s arguments are

foreclosed by prior decisions of this court. See United States

v. Jennings, F.3d ,

1999 WL 1021244 at *5

(5th Cir. Nov.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 99-30473 -2-

10, 1999, No. 98-20437); United States v. Robinson,

119 F.3d 1205

(5th Cir. 1997), cert. denied,

118 S. Ct. 1104

(1998).

AFFIRMED.

Reference

Status
Unpublished