United States v. Brent Bellamy

MEMORANDUM

Brent Bellamy robbed a Reno, Nevada convenience store at gunpoint, obtaining $135. He was quickly arrested by local police and the money was returned to the store within an hour. Bellamy confessed to the crime and was charged with interference with commerce by armed robbery in violation of the Hobbs Act, 18 U.S.C. § 1951 , and use of a firearm during a crime of violence in violation of 18 U.S.C. § 924 (e)(1)(A). After one district judge accepted Bellamy’s guilty plea, the matter was transferred to a second district judge, who expressed doubts about the robbery’s impact on interstate commerce and, therefore, the basis for bringing federal charges. After additional briefing, the second judge purported to reject Bellamy’s plea agreement, allowed Bellamy to withdraw his guilty plea, and dismissed the indictment for failure to allege an impact on interstate commerce. The United States appeals. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

Even assuming the district court had the power to allow Bellamy to withdraw his guilty plea — a question we do not decide — the decision to do so was contrary to our precedent on the Hobbs Act. The undisputed fact that…