United States v. John Lynch

Lynch appeals from his conviction and sentence for violation of the Hobbs Act (robbery), 18 U.S.C. §§ 1951 (a) and (b), and using or carrying a firearm during a crime of violence, 18 U.S.C. § 924 (c)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . The critical issue before us is whether Lynch’s robbery “affects commerce.” We vacate the conviction and sentence and remand to the district court to determine if it lacks jurisdiction because of an insufficient nexus between Lynch’s actions and interstate commerce.

I

On August 11, 1995, Brian Carreiro, a Nevada resident, was shot and killed in Montana near property owned by Lynch’s father. It is still unknown who pulled the trigger but it is clear that Lynch, with the aid of co-defendant Pizzichiello, dismembered Carreiro’s body, burned it in a barrel, and then pulverized the charred bones with rocks. Lynch and Pizzichiello then took Carreiro’s ATM card and his truck and returned to Nevada. Lynch and Pizzi- chiello used the ATM card in Montana and Utah to take roughly $5000 from Carrei-ro’s Nevada bank account.

Authorities in Las Vegas, Nevada, began investigating Carreiro’s disappearance and eventually obtained authorization…