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United States v. Rodriguez

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Heard: October 19, 2009

Before: NEWMAN, CALABRESI, and KATZMANN, Circuit Judges.

In 1984 Congress enacted the Hostage Taking Act, Pub. L. No. 98-473, Title II, § 2002(a), Oct. 12, 1984, 98 Stat. 2186 (1984) (“the Hostage Act” or “the Act”), to implement the International Convention Against the Taking of Hostages, Dec. 18, 1979, T.I.A.S. No. 11,081 (“Hostage Convention”). See United States v. Wang Kun Lue, 134 F.3d 79, 81 (2d Cir. 1998). The Convention binds the signatories “to adopt ‘effective measures for the prevention, prosecution and punishment of all acts of taking hostages as manifestations of international terrorism.’” Id. (quoting Hostage Convention). The principal issue on this appeal is whether the Hostage Act has been validly applied to defendants who perpetrated an extortion scheme that used brief confinement of a taxi passenger to obtain a somewhat above average taxi fare. Jorge Garcia-Reynoso and Domingo Rodriguez appeal from the judgments of the District Court for the Eastern District of New York (Sandra J. Feuerstein, District Judge), entered June 2 and 3, 2008, respectively, sentencing them primarily to 240 months’ imprisonment after a jury found them guilty of violating the Hostage Act and transporting an illegal alien for financial gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (v)(I), (v)(II).

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