No. 18-5915

Michael Hill v. United States

Lower Court: Seventh Circuit
Docketed: 2018-09-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act attempt categorical-approach illinois intent statutory-interpretation substantial-step use-of-force violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether attempt to commit a violent felony is itself a violent felony

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The Armed Career Criminal Act treats as a violent felony felonies that require the use of force. In Illinois, as in many states and as for many federal offenses, the elements of attempt are (1) intent to commit the target offense and (2) a substantial step toward the target offense. The decision below correctly accepted that neither of these two elements categorically requires the use of force, but nonetheless ruled that, when the target offense is a violent felony, attempt is itself a violent felony, because that conclusion “makes sense.” Is attempt to commit a violent felony itself a violent felony, even though the elements of attempt do not categorically require the use of force? i

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-14
Waiver of right of respondent United States to respond filed.
2018-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2018)
2018-07-02
Application (18A17) granted by Justice Kagan extending the time to file until September 6, 2018.
2018-06-26
Application (18A17) to extend the time to file a petition for a writ of certiorari from July 8, 2018 to September 6, 2018, submitted to Justice Kagan.

Attorneys

Michael Hill
William H TheisFederal Defender Program, Petitioner
William H TheisFederal Defender Program, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent