United States v. Wynn ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-11011
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC TIMOTHY WYNN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CR-35-2-H
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February 13, 2003
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Eric Timothy Wynn was convicted by a jury on two counts of
violating the Hobbs Act counts and two corresponding counts of use
or carrying of a firearm in violation of 18 U.S.C. § 924(c). Wynn
argues that the evidence was insufficient to establish the
requisite interstate commerce nexus to support his convictions
under the Hobbs Act. Individual local crimes, with a slight effect
on interstate commerce, may be prosecuted under the Hobbs Act “if
the defendant’s conduct is of a general type which, viewed in the
aggregate, affects interstate commerce.” United States v.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-11011
-2-
Robinson, 119 F.3d 1205, 1208 (5th Cir. 1997). There is sufficient
evidence of an interstate nexus to support Wynn’s Hobbs Act
convictions for robbery.
Wynn also challenges the sufficiency of the evidence
supporting his conviction for aiding and abetting the use of a
firearm during a crime of violence. Wynn concedes that he aided
and abetted the robbery of the Dairy Way store, but he asserts
that aiding in the robbery does not show that he aided the use of
the gun in committing the robbery. Contrary to Wynn’s assertion,
the evidence shows that he knew the gun would be used in the
robbery and that he performed an act which facilitated the use of
the gun during the robbery. See United States v. Reyes, 102 F.3d
1361, 1363 (5th Cir. 1996); see also United States v. Sorrells, 145
F.3d 744, 753 (5th Cir. 1998).
AFFIRMED.