Second Circuit -- United States v. Celaj

United States v. Celaj

    In this Hobbs Act prosecution, the required interstate commerce element was established by stipulation, which the deft now argues to be merely a generic statement of best marihuana practices.

  Jury could reasonably conclude from (1) stipulation that MJ is generally grown out of state and (2) deft's admission that he dealt MJ that the required jurisdictional de minimis effect on interstate commerce was proved.


  Although deft was never in the presence of attempted robbery victim, the planning was sufficient for NY "dangerous proximity" rule - concrete step beyond mere preparation.