United States v. Patrick W. Hanigan

Patrick Hanigan appeals his conviction on three counts of aiding and abetting a robbery affecting commerce in violation of the Hobbs Act, 18 U.S.C. § 1951 . His principal challenge is to the district court’s jurisdiction to try him under that Act. He also contends that several evidentiary rulings by the district court were prejudicial, that his prosecution violated the double jeopardy clause of the Constitution, and that the pretrial identification procedure was imper-missibly suggestive. We affirm the conviction.

FACTS

On August 18, 1976, three undocumented Mexican aliens entered the United States near Douglas, Arizona. The government’s evidence showed that the men had previously entered this country and had found work as unskilled laborers in agricultural enterprises. On this occasion each had again crossed the border in search of agricultural work.

Defendant’s brother Thomas found the men on Hanigan land and forced them to accompany him to the family ranch house, where he was joined by his father, George Hanigan, and the defendant Patrick. Over the course of several hours, the victims were brutally tortured and robbed of their few possessions. They were then told to run for…