United States v. Jackson ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40715
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KOREY JAWAIN JACKSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-31-2
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December 4, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Korey Jackson appeals his convictions of conspiracy to
commit robbery and robbery under the Hobbs Act, 18 U.S.C. § 1951.
He argues that there was insufficient evidence that his offense
affected interstate commerce and that applying the aggregation
principle to prove the interstate commerce element of a Hobbs Act
offense is unconstitutional.
*
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that this opinion should not be published and is not precedent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. 02-40715
-2-
The restaurant manager’s testimony that the restaurant
obtains supplies from businesses out of state and that the
restaurant closed early was sufficient to satisfy the interstate
commerce element of Jackson’s Hobbs Act violation. See United
States v. Jennings, 195 F.3d 795, 800 (5th Cir. 1999); United
States v. Hebert, 131 F.3d 514, 523-24 (5th Cir. 1997).
Jackson’s constitutional challenge to the application of the
aggregation principle is without merit under current binding
precedent of this court. See United States v. Ferguson, 211 F.3d
878, 885 (5th Cir.); United States v. Robinson, 119 F.3d 1205,
1212 (5th Cir. 1997).
AFFIRMED.