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  • NEW YORK GANG LEADER GETS FIFTY YEARS FOR HOBBS ACT VIOLATIONS

    Posted on August 23rd, 2011 zshapiro No comments

    Din Celaj ran his own mob in New York City. They specialized in stealing late model automobiles and selling them for parts as well as robbing marijuana from dealers and selling it. The mob met its demise when Celaj sold the automobiles to a garage run by the New York City Police Department. 1

    Celaj was charged under the Hobbs Act. The Hobbs Act makes it a Federal crime to commit robbery or extortion in such a way as to obstruct, delay, or affect interstate commerce. The issue on appeal was whether the evidence at trial was sufficient to show that the theft of the marijuana affected interstate commerce. At trial the parties stipulated 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.” 2

    The Second Circuit Court of Appeals ruled that the stipulation which is the same as evidence permitted the jury reasonably to conclude that Celaj’s criminal actions had a nexus with interstate commerce” and therefore upheld the conviction. 3

    Notes:

    1. For some reason or other the police department waited until Celaj sold them 23 cars before they busted the mob. If they had arrested Celaj after he brought them the first car they would have saved 22 people the inconvenience of having their cars stolen. ↩
    2. Why the defense stipulated to this I don’t know. Perhaps they knew that the prosecution would not have had any problem calling a DEA agent as an “expert” witness who could have testified that the marijuana traveled in interstate commerce and they were hoping that the jury would find the stipulation insufficient evidence of “affecting” interstate commerce. ↩
    3. The Feds don’t go easy on Hobbs Act violations. Celaj was sentenced to over fifty years on eleven counts including various Hobbs Act charges. ↩
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