What is the Hobbs Act and what is the test for making a claim of robbery?

The Hobbs Act defines "robbery" to mean "the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of . . . anyone in his company at the time of the taking or obtaining." 18 U.S.C. 1951(b)(1) (emphasis added).¹ Although "Hobbs Act force does not require the brandishing of a weapon," when a weapon has not been brandished we evaluate whether the requisite force was used by considering "(1) how a reasonable person in the victim's position would perceive an action . . . ; (2) the perpetrators' knowledge that a victim would perceive such action to be part of a pattern of violence, intimidation, or threats; and (3) the perpetrators' intention to exploit their victim's fears." United States v. Santos, 449 F.3d 93, 100-01 (2d Cir. 2005) (internal quotation marks omitted). Moreover, we have observed that a defendant's "reputation alone could be sufficient [to prove fear of injury] . . . as long as the reputation is knowingly used to instill a 'fear of injury.'" Id. at 101 n.12 (internal quotation marks omitted).