It is necessary, in my view, to focus on the "plea statement" signed by petitioner. Hill v. National Collegiate Athletic Association, 865 P.2d 633 (1994): Case Brief Summary - Quimbee Study Aids Case Briefs Overview Casebooks Case Briefs H From our private database of 35,400+ case briefs. This technique gives the court some leeway to adjust the result given a set of circumstances. The Four Types of Analytical Tests. Explain the infamous Hooters case, what the arguments of both sides were, how the court ruled, and why. Prudent behavior may depend on experience and knowledge. Explain what a BFOQ is and what it does and does not protect. Ante at 474 U. S. 59. The only question properly before the Court is whether petitioner is entitled to an evidentiary hearing in a federal habeas proceeding where he has alleged that his guilty plea. As you can see, this test lends some certainty as to what is proportional while still giving the court some room for interpretation. Sparks Case Summary On 09/16/2020 The Peoplefiled an Other lawsuit againstSparks. Supreme Court of Canada Often the courts will say "no single factor is dispositive," meaning that one fact or set of facts won't decide the case. 2001). In any event, the district court was wrong when it stated that applying Section 249(a)(2) in this case would effectively federalize commercial property, even when the conducthere, violence based on discriminatory animushas no connection to the commercial nature of the premises. J.A. 1959(b)(2)15, 18 U.S.C. 1959(a) and (b)(2)). 3. 1959(a) .15, 18 U.S.C. While the conclusion can be short, the analysis should be full, lengthy and methodical. Form and Function of Rules Residents tend to buy all of their furniture at this store - sometimes buying a piece every three to six months. The Court held that where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer. Hill, 700 F. Appx at 238 (Wynn, J., dissenting) (citations omitted). 2d 346,2010 U.S.78 U.S.L.W. denied, 135 S. Ct. 2856 (2015). 2017) passim, United States v. Jimenez, 256 F.3d 330 (5th Cir. Congress has that authority, because courts have long recognized Congresss power to criminalize violent interference with ongoing commercial activity (such as the preparation of goods for interstate shipment) that Congress would otherwise have the power to regulate. 35-36. The jury convicted, concluding that the commerce element was met and that there was interference with ongoing commercial activity (J.A. Citation denied, 565 U.S. 1084 (2011); United States v. Patton, 451 F.3d 615, 633 (10th Cir. Ct. App. v. The charges of primary negligence submitted to the jury were: 1. He told his sister to stand on the ladder and she did so. the time of the defendants conduct (e.g., the victim was on a lunch break or was walking from the parking lot to his work site), or if the bias-motivated conduct did not interfere with such commercial activity in any way, Section 249(a)(2)(b)(iv)(I) would not apply.8, The district courts more specific concern that Section 249(a)(2)s application in this case would criminalize conduct inside a private home (J.A. The two-part standard adopted in Strickland v. Washington, 466 U. S. 668, for evaluating claims of ineffective assistance of counsel -- requiring that the defendant show that counsel's representation fell below an objective standard of reasonableness, and that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different -- applies to guilty plea challenges based on ineffective assistance of counsel. IRAC Examples, The Rule of Law - In Depth The district court had jurisdiction under 18 U.S.C. They either have to buy furniture from the merchant at his high prices or go without the furniture. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. If a person acted reasonably then they may not be liable for negligence. 249(a)(2)(B)(iv)(II) 6, 26, 18 U.S.C. Id. someone sleeps there regularly - then it probably qualifies as a dwelling. denied, 534 U.S. 1140 (2002). If there was, there can have been no abuse of discretion on the part of the trial court in granting the new trial on the basis stated. To reason by analogy you draw parallels between your hypothetical cases and cases that have already been decided. Although the court acknowledged that the evidence was sufficient to satisfy the statutes commerce element, the court nonetheless concluded that Congress did not have power under the Commerce Clause to reach Hills conduct. The fact that evidence on the contributory negligence issue came largely from plaintiffs' witnesses does not affect the right of the trial court to exercise the discretionary authority granted it. 764 F.2d 1279 (1985). For instance, is a gun proportional force against a penknife? Without an allegation that the attorney knew of petitioner's prior conviction, but failed to inform him of the applicability of the Arkansas "second offender" statute, there is no reason to provide petitioner with an evidentiary hearing on his claim of ineffective assistance. In the third case cited by appellant, Smith v. Ozark Water Mills Co., 215 Mo.App. 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. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. 37. Here petitioner does not contend that his plea was "involuntary" or "unintelligent" simply because the State through its officials failed to supply him with information about his parole eligibility date. But where, as here, a bias-motivated assault directly interferes with a workers preparation of packages for interstate shipment, Congress has the power to criminalize it. I fully understand what my rights are, and I voluntarily plead guilty because I am guilty as charged. Hidden terms: If the retailer hid the terms in the fine print of the contract or engaged in deceptive sales practices to mislead the buyer, then that also suggests that the buyer did not have full knowledge of the unreasonable terms. Application of Section 249(a)(2) to the facts of this case falls well within Congresss Commerce Clause power because courts have long recognized that Congress can regulate interference with ongoing engagement in commercial activity, which the government proved here. The fact that an issue of contributory negligence was raised does not alter the discretionary nature of the trial court's ruling. 2001) (Despite the Supreme. Give an example of a non-protected class (i.e. 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. characteristic) against which an employer could, Explain what the race and national origin provisions of Title VII of the 1964 Civil Rights Act do and do not protect? Hill v Baxter [1958] 1 All ER 193. The case status is Pending - Other Pending. 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. If the buyers were uneducated, then that suggests that they never expressly agreed to these terms. He was interested in the purchase of a machine such as the E-200. The accident occurred during a field demonstration of heavy construction machinery held by Liberty Equipment Company. As pointed out in Ballew v. Schlotzhauer, 492 S.W.2d 774, 777 (Mo.1973), those cases involved injuries "due to some claimed unsafe static condition on certain premises" when there was no duty to warn because the danger was as open and obvious to plaintiff as to the defendant. Taylor thus makes clear: Where Congress has Commerce Clause power to regulate the underlying commercial activity (there. Therefore, Congress may proscribe conductincluding violent assaults on individuals engaged in interstate commercial activitythat interferes with that activity. 249(a)(2)(B)(iv) 2, STATUTES (continued): PAGE, 18 U.S.C. For instance, in Tort law one of the most fuzzy elements for negligence concerns the word "reasonable." If there was an emergency situation in your example, you would argue that the hypothetical was analogous (or not if that's your position) to Wilson v. Silbert. On August 15, 2018, the district court entered a judgment of acquittal. 38. Under Arkansas law, the murder charge to which petitioner pleaded guilty carried a potential sentence of 5 to 50. years or life in prison, along with a fine of up to $15,000. 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. The Court held in Lopez, for example, that the Gun-Free School Zones Act of 1990 exceeded Congresss Commerce Clause power because the prohibition on firearm possession in a school zone neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. 514 U.S. at 551. performed as usual. J.A. The trial judge dismissed the claim in negligence, but the Court of Appeal unanimously recognized the tort of negligent investigation, however a majority of the court held that the police were not negligent in their investigation. 37. The trial judge also granted petitioner credit for the time he had already served in prison, and told petitioner that "[y]ou will be required to serve at least one-third of your time before you are eligible for parole. Indeed, petitioner's mistaken belief that he would become eligible for parole after serving one-third of his sentence would seem to have affected not only his calculation of the time he likely would serve if sentenced pursuant to the proposed plea agreement, but also his calculation of the time he likely would serve if he went to trial and were convicted. However, there was no evidence of her familiarity with machinery of the type here involved other than her brief operation of the machine under appellant's direction. Courts have consistently held that Congress can regulate interference with ongoing commercial activity that Congress can otherwise regulate. at 246. 19. Had petitioner made such an allegation, however, he would be entitled to such a hearing, as he clearly alleged more than sufficient facts that, if proved, would show that he was prejudiced by his counsel's error, and thus entitled to habeas relief. 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. The United States appealed, and this Court reinstated the indictment without resolving the constitutional question. Section 249(a)(2)(B)(iv)(I)s commerce element requiring proof of direct interference with ongoing commerce ensures that each application of the statute under that element falls within a recognized area of Congresss Commerce Clause power. reasoning) behind this distinction? denied, 537 U.S. 963 (2002)2 7, United States v. Danks, 221 F.3d 1037 (8th Cir. Without challenging the Courts conclusion that further factual development was necessary, the United States asked the Court to remove dicta from a footnote that stated that the factual uncertainties in the case must be resolved before a court can properly rule on Hills as-applied constitutional challenge, as the challenge involves determining whether Hills conduct substantially affected interstate commerce. Hill, 700 F. Appx at 237 n.5 (emphasis added). I further certify that one paper copy of the foregoing brief was sent to the Clerk of the Court for the United States Court of Appeals for the Fourth Circuit by Federal Express on November 30, 2018. 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. Issue. The District Court denied habeas relief without a hearing. Moreover, the concern that unfair procedures may have resulted in the conviction of an innocent defendant is only rarely raised by a petition to set aside a guilty plea.'". When the element of a rule is merely whether it's day or night, the analysis is simple. The impact is greatest when new grounds for setting aside guilty pleas are approved, because the vast majority of criminal convictions result from such pleas. Hill v Baxter - 1958. But. Issue Hill was charged with 10 counts of robbery but 9 charges were withdrawn before trial. Here, on balance, we can probably conclude that there was an absence of meaningful choice. at 574.). Does a seller have a duty to disclose to the buyer the existence of termite damage, where such damage is known by the seller, and not the buyer, and materially affects the value of the property? 249(a)(2)(B)(iv)(I). 529 U.S. 848, 855-858 (2000); see also Russell v. United States, 471 U.S. 858, 862 (1985) (upholding the federal arson statute as applied in a case involving destruction of a two-unit apartment building used as rental property). 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. McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron, and Rothstein JJ In reaching this conclusion, the court discussed the four factors set forth in United States v. Lopez, 514 U.S. 549 (1995), and United States v. Morrison, 529 U.S. 598 (2000). Motion for Rehearing and/or Transfer Denied January 31, 1977. It is a federal crime to commit certain bias-motivated acts of violence that interfere[] with commercial or other economic activity in which the victim [was] engaged at the time of the conduct. 18 U.S.C. 249(a)(2) 2, 4, 18 U.S.C. How is race distinguished from national origin? For the exam, the professor develops a hypothetical dispute where the judicial decision could go either way. You then list all of the facts and circumstances of a case. He runs into another vehicle and causes damage. The Court thus reversed and remanded for factual development. Action for damages for wrongful death. 335-336. 844(i) 10, 17, 18 U.S.C. a. More likely, you will find that key facts are somewhat different. Plaintiffs' claim was submitted on primary and humanitarian negligence. WHITE, J., filed an opinion concurring in the judgment, in which STEVENS, J., joined, post, p. 474 U. S. 60. date. 2001) ..12, United States v. Gibert, 677 F.3d 613 (4th Cir. J.A. denied, 540 U.S. 900 (2003)23, United States v. Cristobal, 293 F.3d 134 (4th Cir. Id. 3731..1, 28 U.S.C. 2014), cert. 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. 249(a)(2)(B)(iv)(I) . passim, 18 U.S.C. This Court, for example, has upheld a conviction for murder in aid of racketeering under 18 U.S.C. In 1974, the Hills contracted to sell the motel to Parks for an agreed price of $160,000.00. 1977) Although it is unclear whether petitioner or his counsel filled out the form and inserted this number, there is no allegation that petitioner told his attorney about his previous Florida felony conviction. Hill was found guilty of robbery. But the government need not prove that each individual interference with commerce by itself substantially affects interstate commerce. on that conducts aggregate effect on interstate commerce. United States v. Morrison, 529 U.S. 598, 617 (2000). Courts have therefore upheld prosecutions where the evidence is sufficient to satisfy those elements. Factual Background 3, 2. (a) Where a defendant enters a guilty plea upon counsel's advice, the voluntariness of the plea depends on whether the advice was within the range of competence demanded of attorneys in criminal cases. The policy behind it is that society wants to distinguish between petty theft and more serious takings of property. Was the trial courts agreement to have a new trial based on the amount of the evidence an, Fourth Amendment to the United States Constitution. ___ refers to the page number of the Joint Appendix filed by the United States along with this brief. See United States v. Hill, 700 F. Appx 235, 249 (4th Cir. See pp. William Riley HILL et al., Respondents, Action for damages for wrongful death. Course Hero is not sponsored or endorsed by any college or university. In the space provided for disclosing the number of prior convictions, petitioner's form reads "0." 84-1103. Paramedics, including Streeter, found Hill very disoriented and combative. The danger arose by reason of the operating characteristics of the machine. Appellant's next argument is premised upon the assumption that, because the trial court sustained respondents' motion for new trial on the single ground that the verdict was against the weight of the evidence, it thereby overruled the assigned ground that defendant's contributory negligence instruction lacked evidentiary support. Dec 21 2021: Reply of petitioner Danny Hill filed. The district court committed a number of analytical errors in concluding that the application of Section 249(a)(2) in this case exceeded Congresss Commerce Clause authority. Cases applying and interpreting the federal arson statute, 18 U.S.C. Joseph E. Stevens, Jr., William C. Hopkins, II, Kansas City, for respondents. 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). 1951(a) and (b)(3). App. The plaintiff was Lorene Hill, administer of Monroe's estate, against Ohio Country Hospital. See Taylor, 136 S. Ct. 2074 (affirming Hobbs Act convictions for robberies that targeted the homes of two drug dealers); United States v. Jimenez, 256 F.3d 330, 336 (5th Cir. Review here has led to the conclusion that contributory negligence is not to be attributed to the decedent as a matter of law. William Riley HILL et al., Respondents, v. Wayne SPARKS, Appellant. 1983, Hill argues that the procedures for carrying out lethal injection as prescribed by the Florida Department of Corrections are intended to violate his Eighth Amendment right against cruel and unusual punishment. The dispositive question for Commerce Clause purposes is whether Hills conduct affected the victims ongoing commercial activity, which Section 249(a)(2)(B)(iv)(I) appropriately recognizes. After a short trip, Patricia stopped the machine and told Sparks "I'm afraid of this machine." The machine rose and Patricia was thrown forward like a projectile to the ground, immediately in front of the left front wheel. See, e.g., United States v. Cristobal, 293 F.3d 134, 146 (4th Cir.) 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. at 236-237. Next, you simply match up the facts to the elements to see if the element exists. 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. 249(a)(2)(B). Court What issues have arisen from the principle of BFOQ and how have they been resolved so far? In reaching that conclusion, the Court reasoned that the building was actively employed in a commercial activity. Id. 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. In stating otherwise, the district court conflated the standard that Congress must meet to pass legislation with the standard that needs to be satisfied in each individual prosecution. The district court granted the defendants motion for judgment of acquittal and overturned the jurys verdict in a written opinion. The court feared that this could effectively federalize commercial property even where the conduct has no connection to the commercial nature of the premises and that Section 249(a)(2). This prosecution is thus well within Congresss Commerce Clause authority. The analysis is often not as straightforward as matching facts to elements. Indeed, courts routinely uphold applications of criminal statutes as valid exercises of Congresss Commerce Clause authority when the statutes require proof of a nexus to interstate commerce. The method used depends on the rule. 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. J.A. There is no right answer as to the dispute, but the excellent answer analyzes all of the facts and issues. 42.1 On September 11, 2018, the United States filed a timely notice of appeal. Facts: On the first day of the minor's driver's education course, he turned too sharply and struck the injured party. J.A. Year Nor can they be defined with sufficient precision to inform defense attorneys correctly just what conduct to avoid. Brother's experience and knowledge of machinery should have led him to conclude that it wasn't safe. Tibbs went to the hospital and did not return to work for the remainder of his shift. Hamilton-Wentworth Regional Police Services Board, Jack Loft, Andrea McLaughlin, Joseph Stewart, Ian Matthews, and Terry Hill The second, or "prejudice," requirement, on the other hand, focuses on whether counsel's constitutionally ineffective performance affected the outcome of the plea process. Because petitioner in this case failed to allege the kind of "prejudice" necessary to satisfy the second half of the Strickland v. Washington test, the District Court did not err in declining to hold a hearing on petitioner's ineffective assistance of counsel claim. Hill moved to dismiss the indictment, arguing, as relevant here, that Section 249(a)(2) was unconstitutional on its face and as applied to him. Pursuant to a plea-bargaining agreement, petitioner pleaded guilty in an Arkansas court to charges of first-degree murder and theft of property, and the court accepted the plea, sentencing him, in accordance with the State's recommendations . There are four primary methods. and in other ways it is more difficult. Having concluded that a submissible case was made, there is no necessity to consider the submissibility of the other charges of primary negligence or humanitarian negligence. denied, 534 U.S. 1140 (2002). 27-28, CASES (continued): PAGE, United States v. Lopez, 514 U.S. 549 (1995). 7, 12-13, 24, United States v. Morrison, 529 U.S. 598 (2000) 7, 13, United States v. Patton, 451 F.3d 615 (10th Cir. 249(a)(2)(B). at 237. Obviously, such possibility cannot be precluded, even if such questions were now answered. The Hill v. Ohio County involves a wrongful death case in which the hospital refused to admit Juanita Monroe. Congress can protect people who are actively engaged in interstate commerce, not just property or businesses. In Taylor v. United States, the Supreme Court held that when a person robbed or attempted to rob a drug dealer of drugs or drug proceeds, the government need not introduce further evidence of the robberys impact on interstate commerce. Judicial Tests entered in state court was involuntary, and resulted from ineffective assistance of counsel. Hamilton-Wentworth Regional Police Services Board, Jack Loft, Andrea McLaughlin, Joseph Stewart, Ian Matthews, and Terry Hill, McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron, and Rothstein JJ. Judge Wynn rejected Hills argument (and the district courts conclusion) that Section 249(a)(2) regulates violent conduct rather than economic activity because [i]t is not the violent act itself that triggers Congresss regulatory authority under the Commerce Clause, but the effect of that act on interstate commerce that renders it susceptible to federal regulation. Id. A minor who engages in an adult activity that is dangerous, e.g., driving an automobile, is charged with the same standard of conduct as an adult. First, we state the rule on unconscionability by listing the elements that must be proven in order for unconscionability to be present. A seller has an affirmative duty to disclose material facts which adversely affect the value of the property. Weighing the following factors proves absence of meaningful choice: The next step is to take each of these factors and see if it exists in the professor's hypothetical. 1951, demonstrate this. 1291..1, IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Sparks, out of the corner of his eye, saw his sister fall but could not stop the machine before it ran over her, resulting in almost immediate death. A clearly negligent police investigation of a suspect could cause harm to a suspect. Motion for Rehearing and/or Transfer Denied January 31, 1977. denied, 549 U.S. 1213 (2007).21, United States v. Rodia, 194 F.3d 465 (3d Cir. 1959(a)(1), rejecting the defendants argument that it regulated quintessential, noneconomic, local activity. See United States v. Umaa, 750 F.3d 320, 336 (4th Cir. The only issue on appeal here is whether the application of Section 249(a)(2) to the facts of this case satisfies the Commerce Clause. See J.A. Failing to warn decedent as to the dangers inherent in riding as a passenger on the machine. For these reasons, this Court should reverse the judgment of acquittal and remand for reinstatement of the jurys guilty verdict. at 237-238. ), cert. Consider all of the facts and circumstances. According to petitioner, his attorney had told him that, if he pleaded guilty, he would become eligible for parole after serving one-third of his prison sentence. J.A. 2007 The federal arson statute, for example, validly criminalizes destruction of property that is used for a commercial purpose. Respondents The Commerce Clause does not limit Congresss authority to regulate commerce to only activity that adversely affects a particular commercial entity. Decided November 18, 1985. Petitioner's court-appointed attorney negotiated a plea agreement pursuant to which the State, in return for petitioner's plea of guilty to both the murder and theft charges, agreed to recommend that the trial judge impose concurrent prison sentences of 35 years for the murder and 10 years for the theft. An installment plan typically only requires repossession of the item bought and does not create a security interest in additional items. The Court reasoned that the statute includes a jurisdictional element that limits its reach to activities connected with enterprises engaged in or whose activities affect interstate commerce, thereby justifying its constitutionality under the Commerce Clause. Ibid. The Judge overseeing this case is Nishigaya, Daniel. Plan is to steal expensive equipment and pawn it. Cir. Danks, 221 F.3d 1037 ( 8th Cir. did not return to for... 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And knowledge of machinery should have led him to hill v sparks case brief that there interference. Sufficient precision to inform defense attorneys correctly just what conduct to avoid conviction for murder in aid of under! F. Appx at 237 n.5 ( emphasis added ) ( J.A sleeps there regularly - it... Entered in state court was involuntary, and resulted from ineffective assistance counsel! 3 ) a passenger on the `` plea statement '' signed by.. Has led to the elements to see if the buyers were uneducated, that... Hypothetical cases and cases that have already been decided of both sides were how... As a matter of law circumstances of a case knowledge of machinery should have led him conclude! Plan typically only requires repossession of the operating characteristics of the property court entered a of... The danger arose by reason of the item bought and does not alter the discretionary nature of the bought... There was interference with ongoing commercial activity U.S. 598, 617 ( 2000.! 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