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United States v. Cabrera-Rivera

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Before Torruella, Selya, and Dyk, *fn1 Circuit Judges.

Following a jury trial, Alfredo Cabrera- Rivera was convicted of three counts: (1) aiding and abetting in the interference of commerce by threats or violence in violation of 18 U.S.C. §§ 1951 and 2; (2) aiding and abetting in the use, carriage, and discharge of a weapon during and in relation to a crime of violence in violation of 18 U.S.C. §§ 924(c)(1)(A)(iii) and 2; and (3) aiding and abetting in the possession of a stolen firearm in violation of 18 U.S.C. §§ 922(j) and 2. All of the counts were connected with the robbery of an armored truck in Bayamón, Puerto Rico. On appeal, Cabrera-Rivera contends that his convictions should be reversed because the government failed to establish a nexus to interstate commerce as required by the Hobbs Act, 18 U.S.C. § 1951. Cabrera-Rivera contends alternatively that his convictions should be vacated and a new trial awarded because the district court permitted the government, over his objection, to use the out-of-court statements of Cabrera-Rivera’s accused accomplices as evidence of his guilt. Although we find that the government established the required nexus to interstate commerce, we conclude that Cabrera- Rivera’s Confrontation Clause rights were violated by the admission of hearsay evidence. We accordingly vacate and remand.

I.

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