United States v. Rudy Labinia

This appeal concerns the scope of the Hobbs Act, 18 U.S.C. § 1951 , and the relation of the Hobbs Act to the Bank Robbery Act, 18 U.S.C. § 2113 .

Rudy LaBinia and three accomplices kidnapped the wife and son of the manager of a branch of the First Hawaiian Bank. In a telephone call to the manager, LaBinia and his associates threatened to kill their hostages unless the manager left $400,000 for them at a specified vacant gas station. The plot was foiled by federal agents.

LaBinia ultimately pleaded guilty to a charge under 18 U.S.C. § 1951 (a) of affecting commerce by attempting to extort funds from the bank. Some seventeen months after sentencing, the district court granted LaBinia’s motion under 28 U.S.C. § 2255 and Fed.R.Crim.P. 32(d) to withdraw his guilty plea. The district court also set aside the judgment and sentence and, in a separate order, dismissed the indictment. The United States appeals from both orders.

LaBinia’s co-defendant, Edward Alberti, was also charged with violating 18 U.S.C. § 1951 (a), and was tried and convicted. His conviction was reversed by this court in United States v. Alberti, 558 F.2d 1038 (9th Cir. 1977) (unpublished memorandum).

The district…