United States v. Rafael Rodriguez

Rafael Rodriguez pleaded guilty to and was sentenced for conspiring to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951 (a), after he and two cohorts agreed to rob cocaine traffickers. Rodriguez raises four arguments on appeal: first, he maintains that section 1951 is unconstitutionally vague as it does not provide adequate notice of what conduct is prohibited under its provisions; second, he claims that the government’s evidence did not satisfy the Hobbs Act’s jurisdictional nexus; third, he asserts that Count Two of the indictment did not sufficiently allege a crime under the statute; and fourth, he argues that the district court failed to exercise its discretion to depart downward from the sentencing guidelines for imperfect entrapment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We hold that none of Rodriguez’s claims has merit. Accordingly, we affirm Rodriguez’s conviction and sentence.

BACKGROUND

Rodriguez was charged in a two-count indictment, along with his co-defendants, Jose Luis Robles and Ricardo Figueroa (collectively “defendants”), with conspiracy to possess with intent to distribute cocaine, 'in violation of 21 U.S.C. § 846 , and with…