Q: If Hobb's Act Robbery is no longer a crime of violence does ones indictment with the charge still stand?
My husband was charged with two counts of Hobb's Act Robbery according to guidelines Hobb's Act Robbery is no longer a crime of violence, so does the Hobb's Act robbery still stand in his indictment? Can he be left with a Hobb's Act Robbery even though it's not a crime of violence?
A:
The Hobbs Act is a federal statute dealing with robbery or extortion affecting interstate commerce. It is codified as 18 U.S.C. § 1951. Normally, an amendment to a criminal statute doesn't affect pending prosecutions under that statute. Here is a link to the text of the Hobbs Act: https://www.law.cornell.edu/uscode/text/18/1951
It appears that the act hasn't been amended since 1994. He can ask his attorney, but it doesn't look to me that he has a viable argument that the indictment is invalid.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
