No. 18-5866

Nathan Mosley v. United States

Lower Court: Third Circuit
Docketed: 2018-09-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-1951 18-usc-924 categorical-approach crime-of-violence criminal-law elements-clause federal-criminal-law hobbs-act physical-force sentencing-enhancement statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether a conviction under the Hobbs Act, 18 U.S.C. 1951 qualifies as a 'crime of violence' under the elements clause of 18 U.S.C. § 924(c)(3)(A)

Question Presented (OCR Extract)

Question Presented 1. In accord with the categorical approach, rather than the Third Circuit’s outlier contemporaneous act approach, should a conviction under the Hobbs Act, 18 U.S.C. 1951 qualify as a “crime of violence”, as defined under the elements clause of 18 U.S.C. § 924(c)(3)(A) to include any felony that “has as an element . . . use of physical force”? 1

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent United States to respond filed.
2018-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Nathan Mosley
Ronald A. KraussFederal Public Defender's Office, Petitioner