Froelich

MEMORANDUM *

William Froelich appeals his conviction after a jury trial and sentence for violations of the Hobbs Act ( 18 U.S.C. § 1951 ), for being in possession of a firearm in connection with committing a felony ( 18 U.S.C. § 924 (c)), and for being a felon in possession of a firearm ( 18 U.S.C. § 922 (g)). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm the judgment of conviction, but remand for re-sentencing. Because the parties are well familiar with the factual and procedural history of this case, we will not recount it here.

I

The government established a sufficient nexus to interstate commerce to establish federal jurisdiction in this case. 18 U.S.C. § 1951 (a). To establish federal jurisdiction under the Hobbs Act, the government need only show a de minimis effect on interstate commerce. United States v. Atcheson, 94 F.3d 1237, 1243 (9th Cir.1996). “[P]roof of a probable or potential impact” suffices. Id. (quotation marks and citation omitted). In this case, Elyte ATM Services, Inc. — the company which was subject of the heist — was an out-of-state corporation, engaged in multistate operations. The armored vehicle that Froelich…