The Fifth Circuit Court of Appeals has upheld the conviction of Kelvin Patton for interference with commerce through robbery and brandishing a firearm during a crime of violence. The court ruled on October 28, 2026, affirming the lower court's decision, which sentenced Patton to 146 months in prison. This ruling is significant as it clarifies the application of the Hobbs Act, which addresses robbery's impact on interstate commerce.

Kelvin Patton was convicted following a bench trial in the Southern District of Texas. The case stemmed from an armed robbery that occurred in the parking lot of a Denny’s restaurant in Houston. The victim, identified as the restaurant manager, was attacked after leaving the bank with cash intended for the restaurant. Patton and his accomplices followed the manager from the bank and confronted him as he approached the Denny’s. During the robbery, Patton brandished a handgun and struck the manager before fleeing the scene with $1,550 in cash.

The legal dispute arose when Patton was indicted for multiple charges, including Hobbs Act robbery and brandishing a firearm during a violent crime. He pleaded guilty to state charges of aggravated robbery before the federal trial, where he agreed to plead guilty to possession of a firearm after a felony conviction. The trial focused on whether the robbery interfered with interstate commerce, a key element of the Hobbs Act.

During the trial, a corporate employee from Denny’s testified that the robbery forced the restaurant to close temporarily while a replacement manager was found. The employee also noted that Denny’s pays a franchise fee to its corporate office in South Carolina and regularly purchases supplies from various states. The district court concluded that the robbery met the interstate commerce requirement of the Hobbs Act, as it depleted the assets of a business that engages in interstate commerce.

In its ruling, the court stated, "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." The court emphasized that the intent of the robber is not relevant to determining whether the robbery affects interstate commerce.

Patton challenged the sufficiency of the evidence, arguing that the victim of the robbery was the individual manager, not the Denny’s restaurant. He contended that the government must prove a substantial impact on interstate commerce for the Hobbs Act to apply. However, the Fifth Circuit clarified that only a minimal effect is necessary to satisfy the Hobbs Act's requirements. The court noted, "A business’s activities need have only a slight effect on interstate commerce."

Additionally, Patton argued against the denial of a sentencing reduction for acceptance of responsibility. The court found that his actions, including challenging the evidence regarding interstate commerce, indicated a lack of acceptance of responsibility. The court ruled that the district court's decision not to apply the reduction was justified, stating, "The district court’s decision not to apply a reduction for acceptance of responsibility was not without foundation."

This ruling has implications for future cases involving the Hobbs Act and the standards for proving the impact of robbery on interstate commerce. It clarifies that businesses do not need to demonstrate a significant impact on commerce, only a minimal effect, to meet the requirements of the law. The decision also reinforces the importance of a defendant's acceptance of responsibility in sentencing considerations.

Looking ahead, it remains to be seen whether Patton will seek further legal recourse, such as an appeal to a higher court. The court did not specify any potential for an appeal in its ruling, leaving the future of this case uncertain. However, the Fifth Circuit's decision sets a clear precedent regarding the interpretation of the Hobbs Act and its application in robbery cases.