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UNITED STATES v. BRANTLEY

Nos. 84-5233, 84-5234 and 84-6674.

777 F.2d 159 (1985)

UNITED STATES of America, Appellee, v. Clifford BRANTLEY, Appellant. UNITED STATES of America, Appellee, v. Henry E. INGRAM, Jr., Appellant. UNITED STATES of America, Appellee, v. Clifford BRANTLEY and Henry E. Ingram, Jr., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 7, 1985.

Attorney(s) appearing for the Case

Robert B. Wallace, Charleston, S.C., Glenn B. Hester (Paul E. Tinkler, Wallace & Wallace, Charleston, S.C., J. Robert Cooper, Law Offices of J. Robert Cooper, Atlanta, Ga., on brief) for appellant.

John McIntosh, Asst. U.S. Atty., Columbia, S.C. (Dale L. Dutremble, Asst. U.S. Atty., Henry Dargan McMaster, U.S. Atty., Columbia, S.C., John R. McCravy, III, Third Year Law Student on brief) for appellee.

Before HALL and MURNAGHAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

The defendants were convicted of extortion in violation of the Hobbs Act, and of conspiracy to commit extortion in violation of that statute. Since the only claimed actual effect upon interstate commerce was pretensive activity by FBI agents, we reverse the convictions of the substantive offenses but affirm the convictions on the conspiracy count.

I.

An FBI agent named Domine was sent from Cleveland, Ohio to investigate...

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