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United States v. Mark Williams
531 F. App'x 270
3rd Cir.
2013
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Background

  • DEA investigated Ortiz for drug distribution and money laundering; Ortiz and Williams devised a plan to steal heroin from Ortiz's supplier via a sham traffic stop.
  • UC and Ortiz met to execute the scheme; Ortiz and Williams planned a second sham stop to steal money from UC2.
  • Williams took a Philadelphia police property receipt and showed Ortiz how to fill it with a fictitious number to deceive UC2.
  • Williams, on restricted duty, recruited a friend, who would drive a marked vehicle and pose as an undercover officer.
  • On July 9, 2010, Williams and accomplice prepared to execute the stop in uniform with a police van, but authorities aborted the operation and Williams was later arrested.
  • Williams was convicted of attempted Hobbs Act robbery; the appellate court reviews the sufficiency of the evidence for a substantial step toward the crime.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the evidence shows a substantial step toward Hobbs Act robbery Williams argues there was no substantial step Government contends actions constituted a substantial step Yes, evidence was a substantial step

Key Cases Cited

  • United States v. Powell, 693 F.3d 398 (3d Cir. 2012) (establishes Hobbs Act elements and proof beyond a reasonable doubt)
  • United States v. Tykarsky, 446 F.3d 458 (3d Cir. 2006) (defines 'substantial step' in attempt liability)
  • United States v. Yousef, 327 F.3d 56 (2d Cir. 2003) (explains substantive nature of substantial step)
  • United States v. Del Carmen Ramirez, 823 F.2d 1 (1st Cir. 1987) (example of substantial step toward Hobbs Act robbery)
Read the full case

Case Details

Case Name: United States v. Mark Williams
Court Name: Court of Appeals for the Third Circuit
Date Published: Jul 19, 2013
Citation: 531 F. App'x 270
Docket Number: 11-3263
Court Abbreviation: 3rd Cir.