Mario Martell Spencer v. United States
FifthAmendment CriminalProcedure JusticiabilityDoctri
1. For intrastate robberies that do not otherwise affect "commerce over which the United States has jurisdiction," 18 U.S.C. §1951(b)(3), does the Hobbs Act, in accordance with constitutional limits, only punish a robbery when the Government proves that the robbery itself affected interstate commerce?
2. Does a defendant unlawfully influence a witness for purposes of U.S.S.G. §3C1.1 when a defendant suggests to a witness with undisputed jeopardy of incriminating herself to "research" her Fifth Amendment rights, as the Eighth Circuit held here, or is such conduct lawful, as this Court suggested in Arthur Andersen LLP v. United States, 544 U.S. 696, 703–04 (2005)?
Whether the Hobbs Act, in accordance with constitutional limits, only punishes a robbery when the Government proves that the robbery itself affected interstate commerce