Atcheson

United States v. Atcheson

Good Law
94 F.3d 1237·96 Daily Journal DAR 12115·1996 WL 492692·1996 U.S. App. LEXIS 26022·96 Cal. Daily Op. Serv. 6492
United States Court of Appeals for the Ninth CircuitAugust 30, 1996Nos. 95-30296, 95-30297California4,672 words

Opinion

Lead Opinion

Alarcon, J.

Mark Edward McGrath and Stephen Wayne Atcheson were found guilty of conspiracy to commit robbery, attempted robbery, extortion, and attempted extortion in violation of the Hobbs Act. The jury also found McGrath and Atcheson guilty of violating the Travel Act, using a firearm during a crime of violence, possessing an unregistered firearm, and being felons in possession of firearms.

McGrath seeks reversal of the judgment of conviction on the following grounds:

One. The district court lacked subject matter jurisdiction under the Hobbs Act, 18 U.S.C. § 1951 (a).

Two. The district court erroneously instructed the jury that the defendants could be found guilty of violating the Hobbs Act if *1240 their acts had a probable or potential effect on commerce.

Three. The district court erroneously imposed consecutive sentences for the Hobbs Act violations and firearms violations.

Atcheson joins McGrath in his first and third contentions. He also seeks reversal of the judgment of conviction on the following grounds:

One. The district court erred in denying his motion for a separate trial and his motion for mistrial.

Two. The prosecution improperly vouched for the credibility of…

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