U.S. v. Hebert, No. 96-41240

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore DeMOSS and DENNIS; PER CURIAM; DeMOSS
Citation131 F.3d 514
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Scyrus Dion HEBERT, Defendant-Appellant.
Docket NumberNo. 96-41240
Decision Date15 December 1997
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26 practice notes
  • Chair King, Inc. v. Gte Mobilnet of Houston, No. 14-00-00711-CV.
    • United States
    • Court of Appeals of Texas
    • May 6, 2004
    ...because the Fifth Circuit already has determined that no federal jurisdiction is available to the Recipients. See Chair King, Inc., 131 F.3d at 514. In any event, finding federal jurisdiction in this regard would be contrary to the holding of every federal court of appeals that has addresse......
  • U.S. v. Lankford, No. 98-10645
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 16, 1999
    ...Lankford's argument requires that we interpret 2261(b)(4), we review the district court's action de novo, see United States v. Hebert, 131 F.3d 514, 525 (5th Cir. 1997), cert. denied, 118 S. Ct. 1571 (1998), and in this case must determine whether the court committed plain error. See United......
  • U.S. v. Urban, No. 03-1325.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 20, 2005
    ...the victim's potential as a purchaser of such goods.") (citations and internal quotation marks omitted); United States v. Hebert, 131 F.3d 514, 521 (5th Cir.1997) (defining required "effect on interstate commerce [for Hobbs Act purposes] as a depletion of the assets of a business that purch......
  • Chair King, Inc. v. GTE Mobilnet of Houston, Inc., No. 14-00-00711-CV.
    • United States
    • Supreme Court of Texas
    • January 29, 2004
    ...because the Fifth Circuit already has determined that no federal jurisdiction is available to the Recipients. See Chair King, Inc., 131 F.3d at 514. In any event, finding federal jurisdiction in this regard would be contrary to the holding of every federal court of appeals that has addresse......
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28 cases
  • U.S. v. Lankford, 98-10645
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 16, 1999
    ...Lankford's argument requires that we interpret 2261(b)(4), we review the district court's action de novo, see United States v. Hebert, 131 F.3d 514, 525 (5th Cir. 1997), cert. denied, 118 S. Ct. 1571 (1998), and in this case must determine whether the court committed plain error. See United......
  • U.S. v. Hickman, 97-40237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 21, 1999
    ...at length as to why local robberies of the present sort do not "substantially affect interstate commerce." United States v. Hebert, 131 F.3d 514 (5th Cir.1997) (DeMoss, J., dissenting in part); United States v. Miles, 122 F.3d 235 (5th Cir.1997) (DeMoss, J., specially concurring). And the r......
  • U.S. v. Rivera-Rivera, 05-2495.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • February 9, 2009
    ...that any depletion of assets or forced closure would have an effect on interstate commerce. See, e.g., United States v. Hebert, 131 F.3d 514, 523 n. 8 (5th Cir.1997) ("[A] showing that the business regularly buys goods from out of state allows an inference that the robbery will impair a fut......
  • U.S. v. Urban, 03-1325.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 20, 2005
    ...the victim's potential as a purchaser of such goods.") (citations and internal quotation marks omitted); United States v. Hebert, 131 F.3d 514, 521 (5th Cir.1997) (defining required "effect on interstate commerce [for Hobbs Act purposes] as a depletion of the assets of a business that purch......
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