De Andre Smith v. United States
DueProcess Securities
Whether the intra-state robbery of an individual satisfies the interstate commerce nexus sufficient for a Hobbs Act prosecution
Question Presented: Whether the intra-state robbery of an individual satisfies the interstate commerce nexus sufficient for a Hobbs Act prosecution merely because the individual once purchased software on line that she used in her intra-state business and a copy of that software was stolen in the robbery? Question Two Section 403 of the First Step Act of 2018 clarified that § 924(c)(1)(C) calls for a mandatory consecutive 25-year term of imprisonment for second or subsequent convictions only where those second or subsequent offenses are committed after the first or initial conviction has already become final. Section 403 also provided that “[t]his section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.” The Question Presented: Given that Congress intended Section 403 to be a clarification as to how the harsh mandatory punishments of § 924(c)(1)(C) are to be applied, should the limitation of Section 403 be read to allow for application of the amendment to cases pending on direct appeal since the well-established law is that a criminal conviction and sentence are not final until the termination of the direct appeal? i INTERESTED PARTIES There are no