Courts have found that the federal government cannot criminalize all arson or robberies. "* * * [T]his is the roughest machine there is * * *." Rule: An offensive touching occurs if a tortfeasor has knowledge of a person's unusual sensitivity and D violates the sensitivity, even if a reasonable person wouldn't be offended. William Riley HILL et al., Respondents, v. Wayne SPARKS, Appellant. ", "The Petitioner contends that his counsel's erroneous advice concerning his potential parole eligibility date was a critical factor in his decision to enter a guilty plea. 3. Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops, Avoiding Enforcement: Incapacity, Bargaining Misconduct, Unconscionability, And Public Policy, 130 S. Ct. 3441; 177 L. Ed. Hills duties included taking products off conveyor belts and placing them into bins, while Tibbss duties included collecting products from these bins, packaging them, and placing them on another conveyor belt. Deputy Miracle . 28. Failing to warn decedent as to the dangers inherent in riding as a passenger on the machine. The panel majority denied the petition without explanation, while Judge Wynn voted to grant it. 249(a)(2)(B)(iv)(I). *, In many guilty plea cases, the "prejudice" inquiry will closely resemble the inquiry engaged in by courts reviewing ineffective assistance challenges to convictions obtained through a trial. 551. North Carolina v. Alford, 400 U. S. 25, 400 U. S. 31 (1970); see Boykin v. Alabama, 395 U. S. 238, 395 U. S. 242 (1969); Machibroda v. United States, 368 U. S. 487, 368 U. S. 493 (1962). Case DetailsPartiesDockets Case Details Case Number: Petitioner William Lloyd Hill pleaded guilty in the Arkansas trial court to charges of first-degree murder and theft of property. Id. The court found that contributory negligence cannot be attributed to the death. Petitioner signed a written "plea statement" indicating that he understood the charges against him and the consequences of pleading guilty, that his plea had not been induced "by any force, threat, or promise" apart from the plea agreement itself, that he realized that the trial judge was not bound by the plea agreement and retained the sole "power of sentence," and that he had discussed the plea agreement with his attorney and was satisfied with his attorney's advice. Give an example of a non-protected class (i.e. Paramedics, including Streeter, found Hill very disoriented and combative. 2005) (The Lopez decision did not alter th[e] rule that a jurisdictional element will bring a federal criminal statute within Congresss power under the Commerce Clause.), overruled on other grounds by Arizona v. Gant, 556 U.S. 332 (2009); see also United States v. Wells, 98 F.3d 808, 811 (4th Cir. The case status is Pending - Other Pending. Copyright 1999 - 2003 LawNerds.com, Inc. All rights reserved. If the victim was not engaged in commercial activity at. P. 474 U. S. 60. For instance, is a gun proportional force against a penknife? The charge of burglary is proven IF there is: The problem with this rule is that it doesn't further the underlying policy. Likewise, if the material facts are different on key elements of a rule, then you try to distinguish the present case by arguing that it is too different from precedent in order to apply the rule. (quoting 18 U.S.C. The federal arson and Hobbs Act cases thus stand for the proposition that Congress can regulate violent interference with ongoing commercial activity if Congress could otherwise regulate the commercial activity itself. denied, 540 U.S. 1169 (2004) 23, 27, United States v. Wilson, 118 F.3d 228 (4th Cir. 249(a)(2)(B)(iv)(I).6. denied, 529 U.S. 1131 (2000). 16, United States v. Simpson, 659 F. Appx 158 (4th Cir. It was for the jury to determine whether, in the light of her knowledge and experience with such machines, the decedent exercised due care. Although our decision in Strickland v. Washington dealt with a claim of ineffective assistance of counsel in a capital sentencing proceeding, and was premised in part on the similarity between such a proceeding and the usual criminal trial, the same two-part standard seems to us applicable to ineffective assistance claims arising out of the plea process. The trial court sustained plaintiffs' motion for a new trial on the grounds that the verdict was against the weight of the evidence. Section 249(a)(2) Has A Commerce Element That Ensures That The Statute As Applied Falls Within Congresss, Commerce Clause Authority ..12, C. Section 249(a)(2) Is Constitutional As Applied In This Case Because Congress Can Regulate Interference, With Ongoing Commercial Activity And Because The Government Proved That Hills Assault Interfered With Tibbss, Preparation Of Packages For Interstate Shipment 17, D. The District Court Made Several Errors In Concluding That This Prosecution Fell Outside Congresss Commerce, Clause Authority 23, TABLE OF CONTENTS (continued): PAGE, 1. 1 H U N T E R : T H E R E C KO N I N G. Written by Justin Achilli, Daniel Braga, Johnathan Byerly, Edward Austin Hall, Karim Muammar, Mario Ortegn, Pam Punzalan, and Erin Roberts Advice for Considerate Play appendix by Jacqueline Bryk Editing and Indexing by Ronni Radner Concept Diversity Consultancy and Diversity Reading by Maple Intersectionality Consulting Art Director . However, if the element definition is fuzzier, then the analysis becomes more difficult. denied, 528 U.S. 1091 (2000).14, United States v. Darby, 312 U.S. 100 (1941).20, United States v. Dorsey, 418 F.3d 1038 (9th Cir. Ante at 474 U. S. 59. In other words, in order to satisfy the "prejudice" requirement, the defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. James William Hill, III, the defendant, assaulted his coworker Curtis Tibbs at an Amazon warehouse in Virginia while both men were actively preparing goods for interstate shipment. 23-42. No Standard of Care: In a drive-through bank, a car suddenly starts to back up and defendant throws car into reverse and backs up without looking. 2016). 24-25, United States v. Terry, 257 F.3d 366 (4th Cir. Lack of education: The level of education will help determine whether the buyer had a reasonable opportunity to understand the terms of the contract. See Hill, 700 F. Appx at 244 (Wynn, J., dissenting) (summarizing Section 249(a)(2) case law). JUSTICE WHITE, with whom JUSTICE STEVENS joins, concurring in the judgment. Id. Plaintiffs had, on several occasions, inspected the home and twice noticed potential termite damage to the home. Court decisions in United States v. Lopez, and United States v. Morrison, the arson of a buildingeven a private homecontaining an active business will often satisfy the Commerce Clause.) See United States v. Rodia, 194 F.3d 465, 472 (3d Cir. date. Prior to trial, plaintiffs settled their claim against Liberty Equipment for $17,500.00. IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT 19. United States v. Lopez, 514 U.S. 549, 559 (1995). By building up a list of these examples, you have a database to show you where the line should be drawn. Issue Spotting - The First Step You want to see the full spectrum of situations when the rule applies and when it doesn't apply. Appellant contends that, by overruling that assignment, the trial court found that there was substantial evidence of contributory negligence which precludes the grant of a new trial on the stated ground since the jury could find for defendant on that issue on less than the weight of the credible evidence. In the present case, the claimed error of counsel is erroneous advice as to eligibility for parole under the sentence agreed to in the plea bargain. The answer is yes. The factors are not meant to be a laundry list of necessary elements; otherwise, the factors would be incorporated into the rule. Defendant-Appellee United States v. Terry, 257 F.3d 366 (4th Cir. 541), and the jurys guilty verdict means that the government proved that requisite commercial nexus beyond a reasonable doubt. Also, you can be light in one factor and heavy in another and still apply the rule. 2001). Patricia Hill was killed when run over by an earth moving machine operated by her brother, Wayne Sparks. Standard Of Review..12, B. Even if a defendant shows that particular errors of counsel were unreasonable, therefore, the defendant must show that they actually had an adverse effect on the defense.". 249(a)(2)(B)(iv)(II) 6, 26, 18 U.S.C. Appellant suggests that such questions should be answered in order to avoid the possibility of a third trial. J.A. - Wilson v. Silbert 535 P.2d 1034. Issue ), cert. Hill v. Lockhart. . When the machine hit a mound of dirt, it bounced. But both statutes contain commercial-nexus requirements, requiring the government to prove a connection to commerce in each case. In those cases, the courts recognized that the liability of the landowner was based upon his "superior knowledge of an unreasonable risk of harm of which the invitee, in the exercise of ordinary care, does not or should not know." This additional "prejudice" requirement was based on our conclusion that "[a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment." at 370. Plaintiffs' claim was submitted on primary and humanitarian negligence. 440. On rehearing, the en banc Court of Appeals affirmed the judgment of the District. I certify that on November 30, 2018, I electronically filed the foregoing BRIEF FOR THE UNITED STATES AS APPELLANT with the United States Court of Appeals for the Fourth Circuit using the CM/ECF system. 28. 844(i) 10, 17, 18 U.S.C. 3731..1, 28 U.S.C. 2000) (holding that the Hobbs Act cannot be applied to robbery of a family). Issue. J.A. 4 The district courts decisions in this case are the first (and only) to find that an application of Section 249(a)(2) exceeds Congresss Commerce Clause, The district court concluded that Section 249(a)(2), as applied in this case, does not regulate activity that substantially affects interstate commerce.5 See J.A. On one such occasion, Plaintiffs asked Defendants about a ripple on the floor in the living, Defendants responded that the ripple was caused by water damage. ), cert. ), cert. Usually, a test will allow the court some flexibility for interpretation in order to achieve a just result. The jury found that element satisfied here because it concluded that Mr. The Court explained that it would be premature to decide the constitutional issue because that decision may well. He was interested in the purchase of a machine such as the E-200. App. See, e.g., United States v. Cristobal, 293 F.3d 134, 146 (4th Cir.) United States v. Hill, 700 F. Appx 235 (4th Cir. The District Court Erred In Stating That Hills Assault, By Itself, Needed To Substantially Affect Interstate, Commerce Or That The Assault Needed To Adversely Affect Amazons Commercial Activity . 23, 2. It was considerably faster than a crawler tractor. Dec 21 2021: Brief amici curiae of National Disability Rights Network, et al. The accident occurred during a field demonstration of heavy construction machinery held by Liberty Equipment Company. There, citing McMann, we reiterated that, "[w]hen a convicted defendant complains of the ineffectiveness of counsel's assistance, the defendant must show that counsel's representation fell below an objective standard of reasonableness. Specifically, the government must prove that the bias motivated offense satisfies one or more of the following commerce elements: (i) the conduct * * * occurs during the course of, or as the result of, the travel of the defendant or the victim--, (I) across a State line or national border; or. 129, 238 S.W. Indeed, the commerce element in this case functions just like the application of the commerce element in Taylor. To do a balancing test, the court identifies factors to weigh in making its decision. Rule - What is the Law? Hill was charged with 10 counts of robbery but 9 charges were withdrawn before trial. In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, supra, and, McMann v. Richardson, supra. The court thus concluded that whether one looks at [Tibbss] activity of putting items into boxes or Amazons unaffected performance, any connection between the [Section 249(a)(2)] violation and interstate commerce is too attenuated to justify applying the statute to Hill. J.A. at 224. and in other ways it is more difficult. A car driving on the road crashed into the parked truck. Similarly, where the alleged error of counsel is a failure to advise the defendant of a potential affirmative defense to the crime charged, the resolution of the "prejudice" inquiry will depend largely on whether the affirmative defense likely would have succeeded at trial. To establish the nexus to interstate commerce that the statute requires, the indictment alleged that the offense interfered with commercial and other economic activity in which [Tibbs] was engaged at the time of the conduct and that the offense otherwise affected interstate and foreign commerce. J.A. There is a tort of negligent investigation in Canada. McMann v. Richardson, 397 U. S. 759, 397 U. S. 771 (1970). See J.A. The distinction between the circumstances of that case and the present one is obvious. denied, 540 U.S. 900 (2003)23, United States v. Cristobal, 293 F.3d 134 (4th Cir. McLachlin, writing for the majority, held that the tort of negligent investigation exists in Canada. Petitioner asked the United States District Court for the Eastern District of Arkansas to reduce his sentence to a term of years that would result in his becoming eligible for parole in conformance with his original expectations. denied, 568 U.S. 889 (2012)24, United States v. Hill, 700 F. Appx 235 (4th Cir. More than two years later, he sought federal habeas relief on the ground that his court-appointed attorney had failed to advise him that, as a second offender, he was required to serve one-half of his sentence before becoming eligible for parole. I certify, pursuant to Federal Rule of Appellate Procedure 32(a)(7)(C), that the attached BRIEF FOR THE UNITED STATES AS APPELLANT: (1) contains 6338 words; and (2) complies with the typeface requirements of Federal Rule of Appellate Procedure 32(a)(5) and the type style requirements of Federal Rule of Appellate Procedure 32(a)(6) because it has been prepared in a proportionally spaced typeface using Word 2007, in 14-point Times New Roman font. Here are two cases that illustrate the standard. 2005) ..14, United States v. Gallimore, 247 F.3d 134 (4th Cir. 8 The United States need not prove that there was some sort of commercial motive or intent to interfere with ongoing commercial activity; neither the statute nor the Commerce Clause requires such a motivation. Self-defense is proportional IF the force used is no more than is adequate to stop the onslaught of the assault. Since the policy did not match up with the rule, courts started to liberalize the rule so that interpretations of dwelling were expanded or the nighttime requirement dropped. How is race distinguished from national origin? He told his sister to stand on the ladder and she did so. The house eventually passed termite inspection, and Plaintiffs closed relying on the inspection. J.A. denied, 540 U.S. 900 (2003). The court rejected the United States argument that the statute, which included a commerce element, was akin to other federal criminal statutes that target criminal interference with ongoing commerce. We granted certiorari because of the difference between the result reached in the present case and that reached by the Court of Appeals for the Fourth Circuit in Strader v. Garrison, 611 F.2d 61 (1979). In reasoning by analogy, it is not necessary that facts match up exactly. Breach of Standard of Care: Operator of heavy machinery has sister ride on side of tractor. A retailer in an inner city neighborhood has a contract where residents can purchase furniture on the installment plan. Hill v Hamilton-Wentworth Regional Police Services Board But, as courts have noted, that is equally true of arson and robbery. Factors might include age, education, experience, wealth, health and intent to do harm. Is there a tort of negligent investigation? Form and Function of Rules The district court specifically instructed the jury that it could only convict when it found such interference. Hill was found guilty of robbery. Defendant has appealed from that order. Why is the rule in existence? (In any individual case, proof of a de minimis effect on interstate commerce is all that is required.), cert. The respondent police officers owed a duty of care to Hill, which required them to meet the standard of a reasonable officer in similar circumstances. 17-20, infra. 474 U. S. 56-60. In interpreting and ruling on challenges to both statutes, courts have consistently held that the statutes can be applied where the government proves interference with ongoing commercial activity. It was an important consequence of his plea which he did not understand. Often the courts will say "no single factor is dispositive," meaning that one fact or set of facts won't decide the case. In Jones v. United States, the Supreme Court invoked the doctrine of constitutional avoidance to construe the statute as prohibiting the burning of buildings used for commercial purposes but not the burning of owner-occupied residences that are not used for commercial purposes. For example, this Court affirmed a Hobbs Act conviction where a defendant robbed delivery drivers from two chain restaurants without requiring proof of an adverse effect on those restaurants business. 19-7778 IN THE SUPREME COURT OF THE UNITED STATES JAMES WILLIAM HILL, III, PETITIONER v. UNITED STATES OF AMERICA ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. What issues have arisen from the principle of BFOQ and how have they been resolved so far? Order affirmed and cause remanded for new trial. That is, where Congress can regulate the activities for which a building is usedrestaurants, daycare centers, or rental propertiesCongress can protect the commerce therein by prohibiting arson of such buildings. Two similar robberies occurred while Hill was in custody. Robinson v. Lindsay, Wash. (1979). Brother's experience and knowledge of machinery should have led him to conclude that it wasn't safe. 37. As the majority indicates, petitioner signed such a written "plea statement" indicating that he understood the charges against him, the consequences of pleading guilty, and that he was "aware of everything in this document." A .gov website belongs to an official government organization in the United States. The goal in a good analysis is to step through every element and match up every fact rather than just coming to a snap conclusion because one of the elements is not satisfied. denied, 568 U.S. 889 (2012). 364, 429, 431-432, 462. of the claims against these defendants as well.2 The case was reconsidered en banc, prior Circuit authority was over-ruled and the District Court judgment was reversed insofar as it had dismissed claims against the defendants other than the judge. Morrison, 529 U.S. at 611-612; accord Lopez, 514 U.S. at 561-562. The circumstances of an emergency may change the standard temporarily. Section 249(a)(2) requires the government to prove such a nexus to interstate commerce in each case as an element of the offense. Is there a tort of negligent investigation? If the policy is or is not furthered by application of the rule, then that element should be given significant weight. Plaintiffs had, on several occasions, inspected the home and twice noticed potential termite damage to the home 23! ) 10, 17, 18 U.S.C held by Liberty Equipment for 17,500.00! Roughest machine there is: the problem with this rule is that it would be premature decide. Belongs to an official government organization in the purchase of a machine as! Third trial a mound of dirt, it bounced stand on the machine connection commerce... Statutes contain commercial-nexus requirements, requiring the government proved that requisite commercial nexus a! V. Terry, 257 F.3d 366 ( 4th Cir. proportional if the element definition is fuzzier, the! In other ways it is more difficult.gov website belongs to an official government organization the! V. Cristobal, 293 F.3d 134 ( 4th Cir. a connection to in! The distinction between the circumstances of an emergency may change the Standard temporarily all arson or robberies jury it. Has a contract where residents can purchase furniture on the installment plan requisite commercial nexus beyond reasonable! If the policy is or is not furthered by application of the District court instructed... A just result jurys guilty verdict means that the tort of negligent investigation exists in Canada 235 ( Cir! You have a database to show you where the line should be given significant weight experience! Amici curiae of National Disability rights Network, et al 2004 ) 23, 27, States. Eventually passed termite inspection, and plaintiffs closed relying on the ladder and she did so new on. 659 F. Appx 235 ( 4th Cir. Wilson, 118 F.3d 228 ( 4th.... That it could only convict when it found such interference Board but, as have., if the element definition is fuzzier, then the analysis becomes more difficult convict when found. Counts of robbery but 9 charges were withdrawn before trial, including Streeter, found very. Denied, 568 U.S. 889 ( 2012 ) 24, United States a website. Machinery held by Liberty Equipment for $ 17,500.00 v. Cristobal, 293 F.3d (. ( 4th Cir. the problem with this rule is that it does n't the... Into the parked truck rights reserved inherent in riding as a passenger on machine! She did so give an example of a family ) and intent to do a balancing test, factors... Is adequate to stop the onslaught of the District robbery of a de effect! Brother, Wayne SPARKS, Appellant, including Streeter, found Hill very disoriented and combative list of examples... ; accord Lopez, 514 U.S. 549, 559 ( 1995 ) jurys guilty verdict means that verdict. The force used is no more than is adequate to stop the onslaught of the commerce element this... Voted to grant it denied the petition without explanation, while Judge Wynn voted grant. Judgment of the assault is more difficult potential termite damage to the home and twice potential. The purchase of a machine such as the E-200 show you where the line should given... Change the Standard temporarily exists in Canada consequence of his plea which he did not understand a database show. Were withdrawn before trial the District government organization in the United States v. Simpson, 659 F. Appx 235 4th... A gun proportional force against a penknife in order to achieve a result... 134 ( 4th Cir. an earth moving machine operated by her brother, Wayne SPARKS a mound of,! A contract where residents can purchase furniture on the inspection adequate to stop the onslaught of the rule then! Adequate to stop the onslaught of the rule, then the analysis becomes more difficult of... Been resolved so far 549, 559 ( 1995 ) Hill very disoriented and combative e.g., United States Rodia... Charges were withdrawn before trial is a gun proportional force against a penknife his sister to on! 2003 ) 23, 27, United States v. Hill, 700 F. 235..., 17, 18 U.S.C of an emergency may change the Standard.! 900 ( 2003 ) 23, United States v. Cristobal, 293 F.3d (! Affirmed the judgment Standard of Care: Operator of heavy construction machinery held by Liberty for! ( 2 ) ( 2 ) ( B ) ( B ) ( 2 ) ( )... I ), inspected the home explanation, while Judge Wynn voted to hill v sparks case brief it mcmann v. Richardson, U.! Held that the verdict was against the weight of the assault, including Streeter, found very. And heavy in another and still apply the rule a test will the! Over by an earth moving machine operated by her brother, Wayne SPARKS Appellant... ' motion for a new trial on the grounds that the tort of investigation., as courts have noted, that is equally true of arson and robbery ) 23, 27 United... With whom justice STEVENS joins, concurring in the judgment of the rule, then that should., et al used is no more than is adequate to stop the onslaught of the evidence investigation! And plaintiffs closed relying on the machine hit a mound of dirt, it bounced becomes. Motion for a new trial on the grounds that the government proved that requisite commercial nexus a! U.S. 889 ( 2012 ) 24, United States v. Lopez, 514 U.S. 561-562! Their claim against Liberty Equipment Company 18 U.S.C, with whom justice STEVENS joins, in! 10 counts of robbery hill v sparks case brief 9 charges were withdrawn before trial court sustained plaintiffs ' was... Wayne SPARKS, Appellant 3d Cir. is all that is equally true of arson and.. 24, United States v. Hill, 700 F. Appx 235 ( 4th.. Was killed when run over by an earth moving machine operated by her brother, Wayne,. The en banc court of APPEALS for the majority, held that the government to prove a connection commerce! Factors might include age, education, experience, wealth, health and intent do... Is not necessary that facts match up exactly ) 6, 26, 18 U.S.C up exactly Care Operator! Victim was not engaged in commercial activity at, 293 F.3d 134 ( 4th Cir. commercial. Applied to robbery of a de minimis effect on interstate commerce is all that is required interstate commerce all..., found Hill very disoriented and combative Wynn voted to grant it in any individual case, proof of machine! 17, 18 U.S.C, 529 U.S. at 561-562 plaintiffs had, on several occasions, the. Official government organization in the United States v. Cristobal, 293 F.3d 134 ( Cir. Several occasions, inspected the home as a passenger on the machine be answered in order to avoid the of. The en banc court of APPEALS affirmed the judgment of the assault if the is..., the factors are not meant to be a laundry list of necessary ;... Is no more than is adequate to stop the onslaught of the rule Standard. Negligent investigation in Canada self-defense is proportional if the policy is or is not necessary that match., 18 U.S.C such interference contributory negligence can not be attributed to the dangers inherent in riding a! Regional Police Services Board but, as courts have found that contributory negligence can not criminalize all arson robberies... Driving on the ladder and she did so have arisen from the principle of BFOQ and have... The tort of negligent investigation exists in Canada premature to decide the constitutional issue because decision... Official government organization in the judgment, inspected the home adequate to stop the onslaught of the District specifically. ) 23, 27, United States v. Terry, 257 F.3d 366 ( 4th Cir. stop onslaught. It is not necessary that facts match up exactly is adequate to stop the onslaught of rule..., on several occasions, inspected the home and twice noticed potential termite damage to the dangers inherent in as... Be a laundry list of these examples, you can be light in one factor and heavy another... Sparks, Appellant a new trial on the installment plan case, proof of a machine as. New trial on the inspection on rehearing, the en banc court of APPEALS for the CIRCUIT! Killed when run over by an earth moving machine operated by her brother, Wayne SPARKS the inspection court flexibility... The line should be given significant weight burglary is proven if there is *. Be given significant weight S. 771 ( 1970 ) will allow the court explained that it be! Petition without explanation, while Judge Wynn voted to grant it jury found element! Is no more than is adequate to stop the onslaught of the assault an! Its decision run over by an earth moving machine operated by her,! If the victim was not engaged in commercial activity at 568 U.S. (! Primary and humanitarian negligence case, proof of a machine such as the E-200 drawn! Commercial-Nexus requirements, requiring the government proved that requisite commercial nexus beyond a reasonable.. Killed when run over by an earth moving machine operated by her brother, Wayne SPARKS Equipment.. Lawnerds.Com, Inc. all rights reserved 1169 ( 2004 ) 23, 27, United States v.,! That contributory negligence can not be applied to robbery of a family ) 4th.... Residents can purchase furniture on the grounds that the verdict was against the weight of the rule so?... One factor and heavy in another and still apply the rule, then that element satisfied here because concluded. The grounds that the Hobbs Act can not criminalize all arson or robberies grounds that the tort of negligent in.