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Smith: Upholding Hobbs Act Robbery Conviction Against Individual Victims and Holding that Section 403 of the First Step Act Does Not Apply Retroactively

By Tim Cone

In United States v. Smith, No. 18-13969 (July 30, 2020) (Ed Carnes, Luck, Marcus), the Court affirmed the defendant?s Hobbs Act robbery and 924(c) convictions. First, the Court held that the district court?s finding that a photographic lineup was not unduly suggestive was not clearly erroneous.  And the Court held that admission of the defendant?s rap video at trial did not violate the First Amendment or Rule 403, as it had significant probative value for contested issues of identity and display of a firearm. Second, as to one Hobbs Act robbery conviction, the Court held that the defendant?s proposed jury instruction about how to satisfy interstate commerce element in the context of an individual (as opposed to a business) was incorrect, because it changed illustrative examples to exclusive examples...continue to full post

Full post as published by Defense Newsletter Blog on July 30, 2020 (boomark / email).