Imagine this situation: The government has charged a defendant with Hobbs Act robbery. The indictment alleges that the defendant entered a convenience store at 1 a.m., pointed a gun at the clerk, and threatened to shoot him if he did not hand over the contents of the cash register. The clerk did as he was told, and the defendant fled. Security camera video shows a tall, stocky man dressed in dark clothing, with a ski mask covering all of his face except for his eyes. The clerk is unable to identify the assailant.
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