United States v. Soto-Barraza, No. 15-10586 (9th Cir. 2020)Annotate this Case
The Ninth Circuit affirmed defendants' convictions for first degree murder of a Border Patrol agent, conspiracy to interfere with and attempted interference with commerce by robbery in violation of the Hobbs Act, and assault on a U.S. Border Patrol Agent. The panel held that defendants were properly extradited in accordance with the terms of the United States's treaty with Mexico; the jury instructions for the Hobbs Act offenses were not plainly erroneous; defendants' argument that the instructions constituted a constructive amendment of the indictment was without merit; and the evidence was sufficient to establish that defendants took a substantial step toward commission of the robbery offense.
In a concurrently-filed memorandum opinion, the panel vacated defendants' convictions for carrying and discharging a firearm in furtherance of a crime of violence.