United States v. Carr, No. 10-3202 (7th Cir. 2011)
Annotate this CaseDefendant used a gun to rob a convenience store, taking $54. He entered a plea of guilty to robbery under the Hobbs Act, 18 U.S.C. 1951, and brandishing a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c). The government dismissed a felon-in-possession (18 U.S.C. 922(g)) count. The district court sentenced defendant to 96 months and 84 months imprisonment, to be served consecutively. The Seventh Circuit affirmed the district court's refusal to dismiss the Hobbs Act count. In this case, there is no risk that the Hobbs Act will obliterate all limits on federal power. Although robbery itself is not necessarily economic activity, this crime targeted a business engaged in interstate commerce. An act of violence against even one business, like the convenience store in this case, could conceivably deter economic activity and thus harm national commerce. The economic harm does not necessarily depend upon the amount of money with which any particular defendant absconds.
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