U.S. v. Martinez, No. 93-1609
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before POLITZ, Chief Judge, JOLLY and BENAVIDES; POLITZ |
| Citation | 28 F.3d 444 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Patrick Henry MARTINEZ, Defendant-Appellant. Summary Calendar. |
| Docket Number | No. 93-1609 |
| Decision Date | 29 July 1994 |
Page 444
v.
Patrick Henry MARTINEZ, Defendant-Appellant.
Summary Calendar.
Fifth Circuit.
Page 445
Lawrence Brown, Dallas, TX (court-appointed), for defendant-appellant.
Frank D. Able, Asst. U.S. Atty., Richard H. Stephens, U.S. Atty., Fort Worth, TX, for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Texas.
Before POLITZ, Chief Judge, JOLLY and BENAVIDES, Circuit Judges.
POLITZ, Chief Judge:
Patrick Henry Martinez appeals his convictions for obstructing commerce by robbery, 18 U.S.C. Sec. 1951, and for using or carrying a firearm during a crime of violence, 18 U.S.C. Sec. 924(c)(1). Finding no error, we affirm.
Background
Convicted of five counts of obstructing commerce and five firearm counts, Martinez appeals, challenging the sufficiency of the evidence on the former counts and contending that trial on the latter counts violated the constitutional guaranty against double jeopardy.
The evidence establishes that Martinez committed five armed robberies in Fort Worth, Texas between July 3 and August 8, 1992. Three of the robberies involved Diamond Shamrock convenience stores and two involved Church's and Edmundson's fried chicken outlets. All of these establishments sold products which were manufactured out-of-state and which were marketed by out-of-state vendors. The robberies by Martinez caused the temporary closure of all of the businesses save one which previously had been robbed by Martinez and was closed permanently.
Martinez does not suggest that he did not commit the five armed robberies; rather, he contends that his felonious conduct did not obstruct interstate commerce and that the firearm charges were multiplicitous.
Analysis
We review challenges to the sufficiency of the evidence in the light most favorable to the verdict, asking only whether a rational juror could have found guilt proven beyond a reasonable doubt. 1 Martinez insists that the government failed to prove that his robberies affected interstate commerce; we conclude otherwise. The impact on interstate commerce need not be substantial to satisfy the statutory requirement of the Hobbs Act. 2 If the defendant's conduct impacts the flow of interstate products, an effect on interstate commerce occurs. 3 In this case, Martinez' armed robberies caused the interruption of commerce in several stores...
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Stead v. U.S., No. CIV 98-3007.
...32 F.3d 82, 83-86 (4th Cir.) (same), cert. denied, 513 U.S. 1050, 115 S.Ct. 650, 130 L.Ed.2d 554 (1994); United States v. Martinez, 28 F.3d 444, 445-46 (5th Cir.) (obstructing commerce by robbery), cert. denied, 513 U.S. 910, 115 S.Ct. 281, 130 L.Ed.2d 197 (1994); United States v. Mohammed,......
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U.S. v. Phipps, No. 02-10102.
...conclude, therefore, that the indictment on count 3 is untimely under the STA. Defendants concede that United States v. Martinez, 28 F.3d 444, 446 (5th Cir.1994), forecloses this argument, and they raise the question merely for further review. Martinez held that the Hobbs Act, 18 U.S.C. § 1......
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U.S. v. Hebert, No. 96-41240
...cert. denied, 423 U.S. 845, 96 S.Ct. 82, 46 L.Ed.2d 66 (1975). Thereafter, another nineteen years elapsed until United States v. Martinez, 28 F.3d 444 (5th Cir.), cert. denied, 513 U.S. 910, 115 S.Ct. 281, 130 L.Ed.2d 197 (1994), started a run of cases, all originating in the Northern Distr......
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U.S. v. Miles, No. 95-10001
...held as follows: This Circuit has acknowledged that the "same elements" test [of Blockburger ] still controls. United States v. Martinez, 28 F.3d 444, 446 (5th Cir.), cert. denied, 513 U.S. 910, 115 S.Ct. 281, 130 L.Ed.2d 197 (1994). Martinez case held that §§ 1951 and 924(c)(1) passed the ......
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Stead v. U.S., No. CIV 98-3007.
...32 F.3d 82, 83-86 (4th Cir.) (same), cert. denied, 513 U.S. 1050, 115 S.Ct. 650, 130 L.Ed.2d 554 (1994); United States v. Martinez, 28 F.3d 444, 445-46 (5th Cir.) (obstructing commerce by robbery), cert. denied, 513 U.S. 910, 115 S.Ct. 281, 130 L.Ed.2d 197 (1994); United States v. Mohammed,......
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U.S. v. Phipps, No. 02-10102.
...conclude, therefore, that the indictment on count 3 is untimely under the STA. Defendants concede that United States v. Martinez, 28 F.3d 444, 446 (5th Cir.1994), forecloses this argument, and they raise the question merely for further review. Martinez held that the Hobbs Act, 18 U.S.C. § 1......
-
U.S. v. Hebert, No. 96-41240
...cert. denied, 423 U.S. 845, 96 S.Ct. 82, 46 L.Ed.2d 66 (1975). Thereafter, another nineteen years elapsed until United States v. Martinez, 28 F.3d 444 (5th Cir.), cert. denied, 513 U.S. 910, 115 S.Ct. 281, 130 L.Ed.2d 197 (1994), started a run of cases, all originating in the Northern Distr......
-
U.S. v. Miles, No. 95-10001
...held as follows: This Circuit has acknowledged that the "same elements" test [of Blockburger ] still controls. United States v. Martinez, 28 F.3d 444, 446 (5th Cir.), cert. denied, 513 U.S. 910, 115 S.Ct. 281, 130 L.Ed.2d 197 (1994). Martinez case held that §§ 1951 and 924(c)(1) passed the ......