Eleventh Circuit: Wendy St. Elien v. All County Environmental Services, Inc., et al

 

Three to five phone calls per week to out of state customers and vendors establishes sufficient interstate commerce for the jurisdiction of the federal labor standards statute, since the statute explicitly includes communication within its definition of commerce.

Wendy St. Elien v. All County Environmental Services, Inc., et al

Seventh Circuit: Owner-Operator Independent Drivers v. Eric Holcomb

 

Rise in tolls ultimately directed to state treasury rather than maintenance does not unconstitutionally burden interstate commerce, because the state is acting as a marketplace participant; at the time of the Founding, roads were largely private, and the state has a right to its revenues.  

Disproportionate effect on interstate commerce was not established, and is irrelevant to the state's actions as market participant.

Owner-Operator Independent Drivers v.   Eric Holcomb

Ninth Circuit: USA v. Tuan Luong

Sufficient nexus to interstate commerce for purpose of the Hobbs Act where a BB with servers in the state and redundant servers out of the state is used to facilitate a robbery, since the site operated as an interstate market and facilitated interstate transactions -- the deft's conduct therefore had an impact on interstate commerce.

As the indictment at retrial served for the same complex of facts, it was not constructively amended by the gov't suggestion that the deft's attempted use of a stole debit card was interstate in nature.

Unanimity instruction not required, as interstate commerce theories were alternate means that jurors could have used to convict on the same factual elements.

Jury instruction on "slight but not speculative" effect on interstate commerce was either correct or harmless error.

Even if mere use of the interstate instrumentality is insufficient to satisfy interstate standard, prosc. statements to contrary and statements of duty to convict were not incurable conduct.

Erroneous not to instruct that knowledge of felon status was an element of felon in possession, but not plain error, given deft's many prior felony convictions.

Hobbs Act robbery is a valid ACCA predicate.

Vacated and remanded to determine if the acceptance of responsibility sentencing reduction was inappropriately denied due to the interstate commerce challenge.

USA v. Tuan Luong

Fifth Circuit: USA v. James Perryman

Commerce Clause sufficient justification for law barring convicted felon's possession of weapon that at some point previous travelled in interstate commerce; present interstate travel need not be established.

PSR's unsworn statements describing previous proceeding are sufficient to establish perjury for the purpose of sentencing bump where the court also adopts an addendum that contains the relevant record excerpts.

USA v. James Perryman

First Circuit: US v. Cruz-Rivera

Statute is a valid predicate crime of violence under use of force clause -- by analogy, since, although it can be accomplished by simple intimidation, bank robbery can also be accomplished by intimidation, and bank robbery is a valid predicate.

As-applied and facial challenge to commerce clause of statute (ACCA?) rejected, as as-applied was conceded in stipulation, and facial because of the theory of the challenge - the crime, not the gun, needs to track to interstate commerce.

Sufficient evidence.

No need for the gov't to produce the weapon at trial.

http://media.ca1.uscourts.gov/pdf.opinions/16-1321P-01A.pdf

Second Circuit: United States v. Le

Acquisition of biological toxin through the Internet and the mails is fundamentally different than the local use of a similarly proscribed substance, so a statute need not be construed to avoid offending the police power of the states.

Even within such a narrowing construction, acquisition of this substance would be within the plain proscription of the federal statute.

Law implementing international convention is constitutional under the Commerce Clause.

http://www.ca2.uscourts.gov/decisions/isysquery/e893b2c5-2f54-4145-a8ca-90ff73122a40/1/doc/16-819_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e893b2c5-2f54-4145-a8ca-90ff73122a40/1/hilite/

Fifth Circuit: Veritext Corporation v. Paul Bonin, et al

State regulation of business practices of shorthand court reporters is justified by a sufficiently strong state interest.

The practice is not immunized against antitrust scrutiny, though, as there is no active state oversight; while the regulations are a creation of the legislature, and the Board is merely administering them.

http://www.ca5.uscourts.gov/opinions/pub/17/17-30691-CV0.pdf

Eleventh Circuit: William B. Newton, et al v. Duke Energy Florida, LLC, et al

Domestic customers of a utility in a regulated monopoly are outside the zone of interests of the Dormant Commerce Clause where the local utility is not subject to competition with out-of-state utilities.

State laws promoting the construction of nuclear power plants are not preempted by federal legislation.

While request for leave to amend in response brief was permissible, the description of the amendment wasn't sufficient to allow the court to consider the motion.

http://media.ca11.uscourts.gov/opinions/pub/files/201710080.pdf

Fifth Circuit: Markle Interests, L.L.C. v. U.S. Fish and Wildlife

Environment

Loss of property value confers sufficient Article III standing.

Agency finding that land was essential for conservation of a species did not have to establish that the species was present there.

No specific methodology of economic impact assessment is compelled by statute.

Sufficient interstate commerce when considered in the aggregate.

No impact statement required, as there is no change to be made in the physical environment.

 Dissent: Not a suitable habitat for the species.


Markle Interests, L.L.C. v. U.S. Fish and Wildlife

First Circuit: Rivera-Rivera v. US

Ineffective Assistance, Interstate Commerce

No ineffective assistance in lack of objection to interstate commerce element to mall robbery, as subsequent appellate review said that the trial court ruling would have been upheld in de novo review

Dissent -- In dicta.

Rivera-Rivera v. US

Seventh Circuit: USA v. Juan Adame

Crim, Interstate commerce, FRE


Sufficient evidence on merits.

Use of building for rental establishes interstate commerce requirement of the arson statute.

Historical cell site data admissible under Daubert, since it was appropriately qualified.  Ultimately harmless.

Agent testimony variations from deposition are not properly considered here, since the record was not amended to include the deposition version.

Fact that deft talked about fire on incidental audio associated with video allowed into jury room not overly prejudicial.

USA v.   Juan Adame

First Circuit: US v. Carrasquillo-Penaloza

Plea Deals


As Commerce Clause challenge to the statute does not present a jurisdictional issue, a plea agreement with a specific and written waiver of appeals bars the challenge on direct appeal.


US v. Carrasquillo-Penaloza

Eighth Circuit: Richland/Wilkin Joint Powers v. Fargo-Moorhead Flood Diversion

Environment, FRCP

District Court injunction upheld, given procedural harms and risk to plaintiffs during the pendency of procedural review.

No error in determination that the project was part of a larger project.

Given the administrative and democratic aspects of the planning process the appropriate standard for merits was that the movant had a fair chance of ultimately prevailing.

Extraterritorial application of foreign state regulatory statute can be considered at the preliminary injunction stage, since the foreign state's interest (?) would be served by the use of the law.

Multistate nature means that Dormant Commerce Clause doesn't bar state statute.

Public interest allowed the injunction to issue without payment of a bond.

Richland/Wilkin Joint Powers  v.  Fargo-Moorhead Flood Diversion

Fifth Circuit: USA v. Larry Thompson

Offender registration

Statute is not an unconstitutional regulation of purely intrastate commerce.

Statute requires timely registration when present in an area - acquisition of a domicile or extended habitation is not necessary.

Conversation in which US Marshall explained the registration requirement was not testimonial in nature, and therefore was not subject to Miranda.

http://www.ca5.uscourts.gov/opinions/pub/15/15-40370-CR0.pdf

Fourth Circuit: Colon Health Centers v. Bill Hazel

Commerce clause

State medical facility licensing statute does not facially violate dormant commerce clause, as there is no demonstrable statistical proof of discrimination in favor of in-state providers.

State of incorporation is a valid, testable criterion.

Bias in favor of incumbent businesses is not a proxy for discrimination against out of state businesses.

Sufficient policy benefits to justify policy in a balancing test against de facto dormant commerce clause challenge.

http://www.ca4.uscourts.gov/Opinions/Published/142283.P.pdf

Eighth Circuit: United States v. Levon Dean, Jr.

Hobbs Act robbery.

Where a statute has an express nexus to interstate commerce, the actual connection can be small; in this case, it suffices that the robbery affected the victim's ability to participate in interstate drug purchases.

Sufficient connection between the crimes for a common conspiracy, but harmless error, as participants were principals in both actions.

Because victim was hit rather hard on the head, there was sufficient bodily injury for the carjacking statute - injury need not be in or near the car.

As codeft had a distinctive walk while carrying a gun, sufficient evidence for knowledge of the gun.

Intent to affect interstate drug commerce not a necessary jury instruction for conspiracy count.

Constructive possession / vehicle instruction upheld.

Hearsay evidence properly considered in sentencing.

Sentencing court's denial of de minimis sentence for counts not subject to mandatory minimums was proper, despite the fact that the court stated that it did not have the power to impose a de minimis sentence.

http://media.ca8.uscourts.gov/opndir/15/12/151263P.pdf