De Andre Smith v. United States
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?
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?
Whether the intra-state robbery of an individual satisfies the interstate commerce nexus sufficient for a Hobbs Act prosecution