United States v. Russell Hobson

Summary

RICO pattern of racketeering activity – continuity requirement. On remand from the Supreme Court in light of *H.J., Inc. v. Northwestern Bell Telephone Co.*, the Eleventh Circuit held that a single drug smuggling venture involving a $1.5 million advance payment and a subsequent demand for repayment or replacement marijuana constituted a series of acts that projected a threat of repetition, satisfying the continuity element for a RICO pattern. The court rejected the argument that an isolated act simultaneously violating two statutes cannot establish continuity, affirming the denial of Hobson’s §2255 motion and motion for new trial.

Holdings

1. The court held that the facts did not involve a single isolated act but a series of acts, including a demand for repayment, which by its nature projected into the future with a threat of repetition, thus satisfying the continuity requirement.

Questions Presented

1. Whether an isolated act which simultaneously violates two statutes may be charged as 'two acts of racketeering activity' demonstrating the 'continuity' necessary to establish 'a pattern of racketeering activity' under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961(5).

Disposition

affirmed