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United States v. Person, 714 Fed.Appx. 547

Facts

Defendant Raphael D. Person Jr. was convicted of Hobbs Act robbery and discharging a firearm during a crime of violence, resulting in a 506-month prison sentence. Beginning in 2011, Person and accomplices conspired to rob individuals selling cars through Craigslist. They executed two robberies, one in 2011 and another in 2012, using firearms to intimidate their victims and successfully stealing cash from them. The case involved multiple counts, including conspiracy and firearm offenses.

Beginning in 2011, Person and others conspired to rob people selling cars through Craigslist, an online marketplace. They devised a scheme to respond to car advertisements, pay for cars in cash, and then 'rob the money back.' They committed two such robberies, one in 2011 and another in 2012.

Issue

Whether the evidence was sufficient to support the Hobbs Act robbery convictions and whether the sentencing court properly applied a two-level increase for bodily injury.

Whether the evidence was sufficient to support the Hobbs Act robbery convictions and whether the sentencing court properly applied a two-level increase for bodily injury.

Rule

The Hobbs Act prohibits robbery that affects interstate commerce, and the definition of 'commerce' includes activities that substantially affect interstate commerce. A two-point offense-level increase for bodily injury is warranted if any victim sustained a significant injury, which is defined as an injury that is painful and obvious or requires medical attention.

Analysis

The court found that the evidence demonstrated that the robberies involved the use of channels of interstate commerce, specifically through Craigslist, which is an online marketplace. The testimonies of the victims and the nature of the robberies supported the conclusion that the commerce element was satisfied. Additionally, the court upheld the sentencing increase for bodily injury, as the victim's testimony indicated that he was struck with a firearm, causing him to stumble, which constituted a significant injury under the guidelines.

Conclusion

The court affirmed Person's convictions for Hobbs Act robbery and the application of the bodily injury guideline but remanded the case for resentencing.

Who won?

The United States government prevailed in this case as the court upheld the convictions against Raphael D. Person Jr. The court found sufficient evidence to support the Hobbs Act robbery convictions and agreed with the application of the bodily injury sentencing enhancement. However, the court also recognized the need for resentencing based on new legal standards regarding the consideration of mandatory minimum sentences for firearm offenses.

The United States government prevailed in this case as the court upheld the convictions against Raphael D. Person Jr. The court found sufficient evidence to support the Hobbs Act robbery convictions and agreed with the application of the bodily injury sentencing enhancement.

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