Document Type
Article
Publication Date
8-22-2011
Abstract
Defendant-appellant Din Celaj appeals from a judgment of conviction entered July 7, 2010, following a jury trial, in the United States District Court for the Southern District of New York (Patterson, J.), convicting him of eleven counts of a thirteen-count Indictment, including several Hobbs Act violations predicated on robbery and conspiracy to commit robbery, and sentencing him principally to a 601-month term of imprisonment. The government did not present any witnesses as to the required interstate jurisdictional element under the Hobbs Act, but the parties entered into a stipulation that "marijuana is grown outside of the state of New York and travels in interstate and foreign commerce to arrive in the New York City area." After the close of evidence, Celaj made a Rule 29(a) motion for a judgment 164*164 of acquittal, which the District Court denied, finding that there was sufficient evidence to sustain a conviction. Celaj now challenges the sufficiency of the evidence to support his conviction on the Hobbs Act counts and associated weapons charges. The government contends on appeal that the stipulation is sufficient to support the required jurisdictional element under the Hobbs Act. Celaj also argues that the District Court erred in denying his Rule 29(a) motion as to one of his Hobbs Act attempted robbery convictions. We affirm for the reasons set forth below.
Recommended Citation
Miner '56, Roger J., "US v. Celaj, 649 F. 3d 162 - Court of Appeals, 2nd Circuit 2011" (2011). Circuit Court Opinions. 89.
https://digitalcommons.nyls.edu/circuit_opinions/89
COinS
Comments
649 F.3d 162 (2011)
UNITED STATES, Appellee, v. Din CELAJ, Defendant-Appellant.
Docket No. 10-2792-cr.
United States Court of Appeals, Second Circuit.
Submitted: 5/18/11
Decided: 8/2211
New York Law School location: Box #156, File #4038