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Legal Opinion

United States v. Rose

Court of Appeals for the Second Circuit

Decided May 30, 2018No. Docket No. 17-689; August Term, 2017PublishedCited by 10 opinions

1Opinion of the Court

Katzmann, Chief Judge:

Defendant-appellant Floyd Rose appeals the order of the United States District Court for the Southern District of New York (Oetken, J. ) denying Rose's motion to withdraw his plea of guilty to one count of Hobbs Act robbery, 18 U.S.C. § 1951(a). We now consider whether forcing someone to withdraw money from an ATM and then stealing the money has a sufficient effect on interstate commerce to support jurisdiction under the Hobbs Act. Concluding that it does, we affirm the judgment of the district court.

BACKGROUND 1

At around 9:20pm on June 10, 2015, a soon-to-be robbery…

2Cases cited11 opinions

  1. United States v. Linwood WilkersonCourt of Appeals for the Second Circuit · 2004
  2. United States v. ParkesCourt of Appeals for the Second Circuit · 2007
  3. Shaw v. United StatesSupreme Court of the United States · 2016
  4. United States v. Scott TorrellasCourt of Appeals for the Second Circuit · 2006
  5. United States v. RiverniderCourt of Appeals for the Second Circuit · 2016

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3Cited by10 opinions

  1. United States v. Alfredo Avalos-SanchezCourt of Appeals for the Fifth Circuit · 2020
  2. United States v. Huggins OrelienCourt of Appeals for the Second Circuit · 2024
  3. Rose v. United StatesDistrict Court, S.D. New York · 2019
  4. United States v. Albarran and VasquezCourt of Appeals for the Second Circuit · 2019
  5. United States v. JoynerDistrict Court, District of Columbia · 2026

5 more not listed; retrieve them via the Exa API.

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