United States v. Glorious Shavers
693 F.3d 363
| 3rd Cir. | 2012Background
- Three codefendants—Glorious Shavers, Andrew White, and Jermel Lewis—were tried for Hobbs Act robbery affecting interstate commerce, conspiracy, witness tampering, and firearm charges; jury found Hobbs Act and §924(c) violations and Shavers/White tampered with witnesses; Lewis acquitted of tampering; district court sentenced Shavers to 144 months, Lewis to 141 months, White to 196 months, with 84-month §924(c) consecutive minimum; convictions on several counts are upheld while tampering convictions are vacated; the case is remanded for resentencing of Shavers and White; post-robbery evidence and pretrial conduct are at issue on appeal.
- The November 8, 2005 speakeasy robbery in North Philadelphia involved a home-based alcohol operation run as a business; three armed robbers targeted patrons and Jeanette Ketchmore, obtained cash and valuables, and fled; some money was recovered on appellants at arrest; Lewis was later apprehended; trial evidence included interstate alcohol sales, customers, and the speakeasy business context.
- The government charged the defendants in federal court on March 20, 2008 with Hobbs Act robbery and §924(c) aiding, later adding Lewis and witness-tampering counts in superseding indictments; trial began September 9, 2009.
- The district court instructed on the Hobbs Act commerce nexus allowing any minimal/potential effect on interstate commerce; this circuit maintains a de minimis, reasonably probable effect suffices, though some circuits have required a stronger link.
- The government presented evidence tying the speakeasy to interstate commerce through sale of out-of-state alcohol; the court held sufficient nexus given the business context and potential aggregate effects on commerce.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hobbs Act nexus sufficiency | Shavers/White: de minimis/potential effect insufficient | Shavers/White: nexus requires substantial effect | Nexus sufficient; de minimis, potential effect suffices |
| VWPA official-proceeding nexus | VWPA §1512(b)(1) requires foreseeability of a federal proceeding | Intended to protect any anticipated testimony in an official proceeding | Nexus requires contemplation of a particular official proceeding that is foreseeable and federal in nature |
| Witness tampering evidence sufficiency | Gist/Anderson identifications and phone calls show tampering intent | Evidence fails to show contemplation of an official proceeding; state proceedings predominate | Shavers/White tampering convictions vacated; remand for re-sentencing; Lewis's tampering acquittal affirmed on sufficiency grounds or harmless error considered |
| Identification evidence admissibility | Show-up identifications were reliable despite suggestiveness | Some identifications violated due process due to suggestive procedures | Most identifications admissible; at least one in-court identification of Lewis deemed admissible with harmless-error review; others sustained upon Biggers factors |
| Sentence—mandatory minimum under § 924(c) | Judicial finding on brandishing required by Apprendi | Brandishing is a sentencing factor, not an element; preponderance adequate | Brandishing is a sentencing factor; Harris controls; no Apprendi violation; Harris remains good law |
Key Cases Cited
- United States v. Urban, 404 F.3d 754 (3d Cir. 2005) (depletion of assets can support Hobbs Act nexus to interstate commerce)
- United States v. Haywood, 363 F.3d 200 (3d Cir. 2004) (de minimis/possibly minimal effect suffices for Hobbs Act nexus)
- United States v. Clausen, 328 F.3d 708 (3d Cir. 2003) (cumulative effect of multiple robberies supports nexus to interstate commerce)
- Gonzales v. Raich, 545 U.S. 1 (Sup. Ct. 2005) (aggregation theory: intrastate activities with substantial effect on interstate commerce)
- Arthur Andersen LLP v. United States, 544 U.S. 696 (Sup. Ct. 2005) (nexus requirement for VWPA official-proceeding prosecutions; foreseeability of proceeding)