United States v. Patton
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 28, 2026
Docket25-20494
StatusUnpublished
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Full Opinion
Case: 25-20494 Document: 85-1 Page: 1 Date Filed: 10/28/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 25-20494 October 28, 2026
____________
Thomas B. Plunkett, III
Clerk
United States of America,
Plaintiff—Appellee,
versus
Kelvin Patton,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:22-CR-566-1
______________________________
Before Richman, Haynes, and Douglas, Circuit Judges.
Per Curiam: *
Kelvin Patton was convicted after a bench trial of interference with
commerce through robbery in violation of 18 U.S.C. § 1951, and brandishing
a firearm during a crime of violence in violation of 18 U.S.C.
§ 924(c)(1)(A)(ii). He was sentenced to 146 months of imprisonment. We
affirm.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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No. 25-20494
I
Patton’s charges arose from an armed robbery that occurred in a
Denny’s Restaurant parking lot in Houston, Texas. The Denny’s manager,
whom we will refer to as MH, had gone to the bank to deposit cash from the
night before and to obtain change for the restaurant to use over the weekend.
Patton and his accomplices followed MH from the bank to Denny’s. As MH
was walking from his car to the Denny’s building with the commercial bank
bag containing $1,550 in cash, Patton approached him, demanded the bank
bag, and struck MH with a handgun. Patton then fled the scene and was later
identified after a traffic stop. Video of the robbery was captured on Denny’s
security cameras.
Patton was indicted for Hobbs Act robbery, brandishing a firearm
during a crime of violence, and possession of a firearm after a felony
conviction. He was also charged with aggravated robbery in state court and
pleaded guilty to the state charges before his federal criminal trial.
Before the federal trial, Patton agreed to plead guilty to possession of
a firearm after a felony conviction. Accordingly, the possession charge did
not proceed to trial. Patton also stipulated to facts underlying the other
charges prior to trial. The sole issue for trial was whether the Government
could prove beyond a reasonable doubt that the robbery interfered with
interstate commerce.
At trial, an employee of the Denny’s corporate office testified that,
because of the robbery, he had to close the Denny’s for a few hours while he
found a manager to replace MH, who had sustained injuries and was unable
to work. The employee also testified that the Denny’s pays 7.5%-8% of its
gross revenue to Denny’s Corporate in South Carolina as a franchise fee, and
that Denny’s uses a supply chain that purchases goods from all over the
2
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No. 25-20494
country. Denny’s also paid MH for the time that he missed work due to his
injuries.
After the trial, the Government dismissed the possession of a firearm
after a felony conviction charge. The district court found that the interstate
commerce element of the Hobbs Act was met because the robbery depleted
the assets of a business that purchases out-of-state goods and supplies. The
district court also concluded that the victim of the crime was a business,
Denny’s, and not an individual, MH, because the robbery occurred on
Denny’s property, MH was acting in the scope of his employment as a
Denny’s manager, and the money belonged to Denny’s.
II
Patton argues that there was insufficient evidence that the victim of
the robbery was the Denny’s restaurant. He maintains that the Denny’s
manager, individually, was the crime’s victim. Patton relatedly argues that
the subjective intent of the robber is relevant to whether the victim is a
business or an individual for purposes of the Hobbs Act. Patton also argues
that there was insufficient evidence that the robbery had a de minimis effect
on interstate commerce. He contends that the Government must meet a
higher burden of proving that the robbery had a substantial impact on
interstate commerce for the Hobbs Act to apply.
When reviewing a claim of insufficient evidence following a bench trial
conviction, we focus on “whether the finding of guilt is supported by
substantial evidence, i.e., evidence sufficient to justify the trial judge, as the
trier of fact, in concluding beyond a reasonable doubt that the defendant is
guilty.” 1 We must neither weigh the evidence nor determine the credibility
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1
United States v. Tovar, 719 F.3d 376, 388 (5th Cir. 2013) (internal quotation marks
and citation omitted).
3
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No. 25-20494
of witnesses, but instead we “must view all evidence in the light most
favorable to the government and defer to all reasonable inferences drawn by
the trial court.” 2 For a bench trial, the defendant’s “plea of not guilty serves
as a motion for acquittal,” thereby preserving the issue of sufficiency of the
evidence for appellate review. 3
The Hobbs Act provides, in relevant part, that “[w]hoever in any way
or degree obstructs, delays, or affects commerce or the movement of any
article or commodity in commerce, by robbery . . . shall be fined . . . or
imprisoned not more than twenty years.” 4 Accordingly, to sustain Patton’s
robbery conviction, the Government had to prove a robbery that affects
interstate commerce. 5
Contrary to Patton’s argument, the Government need not show that
the robbery had a substantial impact on interstate commerce; only a de
minimis impact on interstate commerce is required to satisfy the
jurisdictional requirement of the Hobbs Act. 6 We have stated that “a
business’s activities need have only a slight effect on interstate commerce.” 7
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2
Id. (internal quotation marks and citation omitted); United States v. Lott, 53 F.4th
319, 322 (5th Cir. 2022).
3
United States v. Rosas-Fuentes, 970 F.2d 1379, 1381 (5th Cir. 1992); United States
v. Haggerty, 997 F.3d 292, 295 (5th Cir. 2021).
4
18 U.S.C. § 1951(a).
5
See United States v. Jackson, 88 F.4th 596, 600 (5th Cir. 2023).
6
United States v. Hebert, 131 F.3d 514, 523 (5th Cir. 1997) (explaining that
substantial impact argument is foreclosed by United States v. Robinson, 119 F.3d 1205 (5th
Cir. 1997) and subsequent cases).
7
Jackson, 88 F.4th at 600.
4
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No. 25-20494
For example, it is sufficient that a business purchases or uses out-of-state
goods. 8
Moreover, “[t]he crime qualifies under the Hobbs Act when it merely
depletes the assets of a commercial enterprise, impairing or delaying its
ability to buy goods or services in interstate commerce.” 9 The Government
need not prove that the depletion of its assets caused the business to be
unable to purchase goods or delayed shipments to the business. 10 “Rather, a
showing that the business regularly buys goods from out of state allows an
inference that the robbery will impair a future purchase.” 11
In this case, the evidence at trial showed that the stolen cash belonged
to Denny’s and that Denny’s purchases out-of-state goods. These facts
establish that the robbery had a de minimis effect on interstate commerce
thereby satisfying the jurisdictional element of the Hobbs Act. 12 Contrary to
Patton’s argument, the criminal’s intended victim is not relevant to whether
the interstate commerce element of the Hobbs Act is met. 13
We conclude the district court’s finding that the robbery interfered
with interstate commerce is supported by substantial evidence. 14
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8
Id.
9
Id. (internal quotation marks and citation omitted).
10
Hebert, 131 F.3d at 523 n.8.
11
Id.
12
See United States v. Robinson, 119 F.3d 1205, 1212 (5th Cir. 1997) (defining de
minimis effect on interstate commerce as a depletion of the assets of a business that
purchases out-of-state goods and supplies).
13
See United States v. Buck, 847 F.3d 267, 276 (5th Cir. 2017) (explaining that intent
to affect interstate commerce is not a required element of the Hobbs Act).
14
See Jackson, 88 F.4th at 600-02; Hebert, 131 F.3d at 523-24.
5
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III
Patton asserts that the district court erred by denying the U.S.S.G.
§ 3E1.1 reduction, as he stipulated to the facts of the robbery prior to trial.
He argues that the § 3E1.1 reduction should not have been denied merely
because he challenged the Government’s evidence regarding the robbery’s
connection to interstate commerce.
Patton preserved this issue by objecting on this basis in district court.
A defendant may receive a two-level reduction in his offense level if he
“clearly demonstrates acceptance of responsibility for his offense.” 15 A
defendant who chooses to go to trial is not automatically excluded from
receiving this reduction. 16 Nonetheless, application of the adjustment in
these circumstances is “rare.” 17 The defendant has the burden of
demonstrating that he is entitled to a reduction, 18 and we examine the denial
of a reduction for acceptance of responsibility with a standard of review that
is even more deferential than a pure clearly erroneous standard and will
affirm unless the denial is without foundation. 19
Patton does not point to any case supporting his position that his case
is a rare one where a defendant who has gone to trial should have been
awarded the § 3E1.1 reduction. 20 The record shows that Patton denied
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15
U.S. Sent’g Guidelines Manual § 3E1.1(a) (U.S. Sent’g Comm’n
2025).
16
U.S.S.G. § 3E1.1 cmt. n.2.
17
Id.
18
United States v. Perez, 915 F.2d 947, 950 (5th Cir. 1990).
19
United States v. Rudzavice, 586 F.3d 310, 315 (5th Cir. 2009); see U.S.S.G. § 3E1.1
cmt. n.5.
20
U.S.S.G. § 3E1.1 cmt. n.2.
6
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involvement in the robbery during the police’s investigation. While
admitting he committed the robbery, Patton did not plead guilty or request a
conditional plea prior to trial. 21 Unlike cases where the defendant challenges
a technical issue, such as venue, or proceeds to trial after an Alford plea, 22 the
interstate commerce requirement of the Hobbs Act is a “substantive element
of the crime.” 23 Additionally, Patton challenges the sufficiency of the
evidence, which may be considered as a factor that indicates the defendant
failed to accept responsibility for the offense. 24
The district court’s decision not to apply a reduction for acceptance
of responsibility was not without foundation.
* * *
AFFIRMED.
_____________________
21
See United States v. Farias, 469 F.3d 393, 400 (5th Cir. 2006).
22
See North Carolina v. Alford, 400 U.S. 25, 37-38 (1970).
23
United States v. Robinson, 119 F.3d 1205, 1212 n.4 (5th Cir. 1997); see Farias, 469
F.3d at 400 (comparing entitlement to reduction for acceptance of responsibility in cases
where the defendant proceeded to trial on factual guilt versus to challenge venue or test the
Government’s ability to prove its case after an Alford plea); United States v. Smoot, 690 F.3d
215, 224-25 (4th Cir. 2012).
24 See United States v. Sam, 467 F.3d 857, 863-64 (5th Cir. 2006) (explaining that
challenging the sufficiency of the evidence on appeal “is difficult to reconcile” with “a
sentencing reduction for acceptance of responsibility”); United States v. Thompson, 582 F.
App’x 433, 435 (5th Cir. 2014) (unpublished) (observing that a sufficiency of the evidence
claim undermines a claim that the defendant accepted responsibility).
7