No. 18-5269

Michael St. Hubert v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-07-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-16(b) 18-usc-924(c) categorical-approach circuit-split crime-of-violence criminal-law due-process hobbs-act sentencing-enhancement sessions-v-dimaya statutory-interpretation vagueness vagueness-doctrine
Key Terms:
Jurisdiction
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the definition of 'crime of violence' in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Is the definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B) unconstitutionally vague, given the Court’s holding in Sessions v. Dimaya, 138 S.Ct. 1204 (2018) that the identical definition in 18 U.S.C. § 16(b) is unconstitutionally vague? 2. Can a completed Hobbs Act robbery under 18 U.S.C. § 1951(b) categorically be a “crime of violence” as defined in 18 U.S.C. § 924(c)(8)(A), if the offense is indivisible, and juries in three circuits are routinely instructed according to those circuits’ pattern instructions that the “property” taken may include “intangible rights” and the offense may be committed by simply causing the victim to “fear harm” which includes “fear of financial loss as well as fear of physical violence”? Does Gonzalez v. Duenas-Alvarez, 549 U.S. 183, 193 (2007) require a defendant to identify an actual prosecuted “case,” in addition to such a pattern instruction, to show a “realistic probability” that the statute covers non-violent conduct? 3. If a completed offense categorically has the use or threat of “violent force” “as an element,” is the attempted commission of that offense categorically a “crime of violence” simply because of the defendant’s “intent” to commit every element of the crime? Or must the “substantial step” required for an attempt offense itself be categorically violent to meet the elements clause? i INTERESTED PARTIES There are no

Docket Entries

2018-10-01
Petition DENIED.
2018-09-10
Second supplemental brief of petitioner Michael St. Hubert filed. (Distributed)
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-24
Waiver of right of respondent United States to respond filed.
2018-07-23
Supplemental brief of petitioner Michael St. Hubert filed.
2018-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2018)
2018-05-16
Application (17A1263) granted by Justice Thomas extending the time to file until July 13, 2018.
2018-05-10
Application (17A1263) to extend the time to file a petition for a writ of certiorari from May 29, 2018 to July 13, 2018, submitted to Justice Thomas.

Attorneys

Michael St. Hubert
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent