No. 18-373

Floyd Rose v. United States

Lower Court: Second Circuit
Docketed: 2018-09-21
Status: Denied
Type: Paid
Experienced Counsel
Tags: atm atm-robbery circuit-split commerce-clause commerce-element criminal-law federal-criminal-law fifth-circuit hobbs-act interstate-commerce robbery second-circuit
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the Second Circuit erred by holding, in direct conflict with the Fifth Circuit, that a robbery in which an individual victim is forced to withdraw his own money from an ATM has a sufficient effect on interstate commerce to satisfy the commerce' element of the Hobbs Act

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Second Circuit erred by holding, in direct conflict with the Fifth Circuit, that a robbery in which an individual victim is forced to withdraw his own money from an ATM has a sufficient effect on interstate commerce to satisfy the “commerce” element of the Hobbs Act, 18 U.S.C. § 1951(a).

Docket Entries

2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Reply of petitioner Floyd Rose filed. (Distributed)
2018-11-20
Brief of respondent United States in opposition filed.
2018-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2018.
2018-10-16
Motion to extend the time to file a response from October 22, 2018 to November 21, 2018, submitted to The Clerk.
2018-09-21
Petition for a writ of certiorari filed. (Response due October 22, 2018)
2018-08-13
Application (18A159) granted by Justice Ginsburg extending the time to file until September 27, 2018.
2018-08-10
Application (18A159) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Ginsburg.

Attorneys

Floyd Rose
Christopher LandauQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner
Christopher LandauQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent