(DOWNLOAD) "United States v. Alfonso" by Second Circuit U.S. Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Alfonso
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 14, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Argued: March 5, 1998 Appeal from an order of the United States District Court for the Southern District of New York (Robert L. Sweet, Judge) dismissing an indictment charging defendants with conspiracy to commit robbery in violation of the Hobbs Act, 18 U.S.C. § 1951, and using and carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c) and 2, and therefore directing that defendants be released from pretrial detention. The district court (1) dismissed Count One of the indictment on the basis that the government had failed to satisfy the jurisdictional element of the Hobbs Act, and (2) dismissed Count Two of the indictment because a Hobbs Act violation was a necessary predicate for the alleged violation of §§ 924(c) and 2. The government argues that Count One of the indictment, alleging a Hobbs Act violation, was valid on its face and that the sufficiency of the government's evidence satisfying the jurisdictional element of the Hobbs Act was not appropriately reviewed by the district court on a pretrial motion to dismiss. Reversed and remanded with instructions to reinstate the indictment.