What is the test for establishing a de minimis effect on interstate commerce under the Hobbs Act?
MultiRegion, United States of America
The following excerpt is from U.S. v. Atcheson, 94 F.3d 1237 (9th Cir. 1996):
To establish a de minimis effect on interstate commerce, the Government need not show that a defendant's acts actually affected interstate commerce. United States v. Huynh, 60 F.3d 1386, 1389 (9th Cir.1995). Rather, the jurisdictional requirement is satisfied "by proof of a probable or potential impact." Id. This court has consistently upheld convictions under the Hobbs Act
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