Troiano

United States v. Troiano

Good Law
258 F. App'x 983
United States Court of Appeals for the Ninth CircuitDecember 12, 2007No. 06-10573California1,880 words

Opinion

Lead Opinion

MEMORANDUM *

James Troiano was convicted of conspiring to commit a Hobbs Act robbery (Count 1), committing a Hobbs Act robbery (Count 2), using a firearm during the commission of a Hobbs Act robbery (Count E), and being a felon in unlawful possession of a firearm (Count 4). He was sentenced to a prison term of 288 months.

Troiano appeals his convictions, arguing that: (1) there was insufficient evidence to find that the robbery had a nexus with interstate commerce; (2) the indictment was insufficient because it failed to name the Brown Bottle as the victim of the robbery and because it failed to allege specific facts describing the robbery’s effect on interstate commerce; (3) the district court abused its discretion in denying his joro se motion for a continuance; (4) the district court erred in denying his motion in limine to exclude evidence of his proffer statement and in ruling that the proffer statement could be used for impeachment purposes; (5) the district court erred in denying his motion in limine to exclude evidence of uncharged burglaries; and (6) the district court erred in denying his motion for mistrial, which was predicated on the alleged prejudicial effect of…

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