What is Hobbs Act robbery?
- Feb 10
- 2 min read
The Hobbs Act was enacted in 1946 and made a federal crime out of committing, attempting to commit, or conspiring with others to commit robbery that affects interstate or foreign commerce. [1]
A completed Hobbs Act robbery requires proof that (1) the defendant knowingly acquired someone else’s personal property; (2) the taking was against the victim’s will buy using actual or threatened force, violence, or causing the victim to fear harm, either immediately or in the future; and (3) the defendant’s actions obstructed, delayed, or affected interstate commerce. [2]
The action moment of attempted Hobbs Act robbery requires proof that
(1) the defendant intended to unlawfully take or obtain personal property through actual or threatened force, and
(2) the defendant completed a substantial step (beyond mere preparation) toward that end. [3]
So what can I do if someone I love is convicted of Hobbs Act robbery?
If the defendant was convicted of Hobbs Act at trial, he or she could proceed through the normal course of direct appeal where the district court’s rulings would be scrutinized, preserved errors could be litigated, and the sufficiency of the evidence could be challenged.
Certain enhancements related to Hobbs Act robbery have been found to be improperly imposed.
For example, in a 2019 case, the Supreme Court found the residual “catch-all” clause of a firearm enhancement statute unconstitutionally vague. [4] In 2022, the Court held that attempted Hobbs Act robbery did not qualify as a crime of violence under an enhancement statute. [5]
In any case, a conviction for Hobbs Act is a serious conviction often accompanied by serious time. It is important to act quickly after conviction to avoid missing the applicable timeframes for appeal or postconviction relief.
If you or someone you love need help seeking relief from a conviction for Hobbs Act robbery, contact Peter Armstrong, Attorney at Law, for a free consultation.
Citations:
1. 18 U.S.C. § 1951. (https://www.law.cornell.edu/uscode/text/18/1951)
2. 11th Circuit Pattern Jury Instruction O70.3. (https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/FormCriminalPatternJuryInstructionsRevisedSEP2025.pdf)
3. U.S. v. Taylor, 596 U.S. 845, 851 (2022). (https://supreme.justia.com/cases/federal/us/596/20-1459/)
4. U.S. v. Davis, 588 U.S. 455, 470 (2019).
5. Taylor, 596 U.S. at 860.
