Recent Development by Kelly D. Miller
James McFarland committed four unrelated armed robberies of four unrelated retail establishments in Fort Worth, Texas, during one month in 1998. McFarland's efforts netted him between $1795 and $2295. Although the initial investigation into the robberies was conducted entirely by the Fort Worth Police Department and although McFarland was initially arrested and jailed under state robbery charges, by the grace of federal prosecutorial discretion, a federal grand jury indicted McFarland for one count of “interference with interstate commerce by robbery” under the Hobbs Act and one “count for use of a firearm in the commission of a federal felony” for each of the four robberies. McFarland was found guilty on all counts and ultimately sentenced to ninety-seven and one-half years in prison.
McFarland appealed his conviction on the ground that the Hobbs Act, as it applies to local robberies, exceeds Congress's power under the Commerce Clause. The United States Court of Appeals for the Fifth Circuit held that, bound by circuit precedent established in United States v. Robinson, the Hobbs Act is constitutional as it applies to local robberies. United States v. McFarland, 264 F.3d 557 (5th Cir. 2001) (per curiam), reh'g en banc granted, 281 F.3d 506 (5th Cir. 2002).
About the Author
Kelly D. Miller.
Citation
76 Tul. L. Rev. 1761 (2002)