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United States v. Jimenez-Torres

United States Court of Appeals for the First District
435 F.3d 3 (1st Cir.2006)


Carlos Flores-Rodriguez was the owner of a Texaco gas station in Juana Diaz, Puerto Rico. One evening, an employee took the station’s daily income, approximately $600, to Flores’s home where Flores stored the money in a kitchen cabinet along with his revolver. This was Flores’s customary business practice. The same night, Hector Jimenez-Torres (defendant) and five others scouted for a home to rob in Flores’s neighborhood and ultimately robbed Flores’s home. The robbery resulted in Flores’s death and the theft of the money. After the robbery, the gas station closed permanently. In the two months prior to the incident, the gas station purchased approximately 40,000 gallons of gasoline from a refinery in the United States Virgin Islands. Jimenez was convicted of violating the Hobbs Act, 18 U.S.C. § 1951, and using a firearm in the commission of a federal felony. The Hobbs Act, which is a federal statute, criminalizes interference with interstate commerce through acts of extortion, robbery, or physical force. Jimenez appealed his conviction on the ground that there was insufficient evidence that the robbery interfered with interstate commerce.

Rule of Law


Holding and Reasoning (Howard, J.)

Concurrence (Torruella, J.)

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