United States v. Hill Court of Appeals Order

FILED: September 7, 2017

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-4299 (3:16-cr-00009-JAG-1)

UNITED STATES OF AMERICA

Plaintiff - Appellant

v.

JAMES WILLIAM HILL, III

Defendant - Appellee

O R D E R

The court denies the petition for rehearing. Judge Shedd and Judge Agee vote to deny the petition.

Judge Wynn votes in favor of granting the government’s petition for rehearing. Footnote 5 in the majority opinion which states, in dicta, that the government must establish that Hill’s conduct “substantially” affects commerce, is at odds with Supreme Court precedent. See Taylor v. United States, 136 S. Ct.

2074, 2081 (2016) (“[I]t makes no difference . . . that any actual or threatened effect on commerce in a particular case is minimal.”).

Entered at the direction of the panel: Judge Shedd and Judge Agee concur and Judge Wynn dissents.

For the Court

/s/ Patricia S. Connor, Clerk