No. 18-6232

Dion Dakota Johnson v. United States

Lower Court: Third Circuit
Docketed: 2018-10-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 18-usc-924c categorical-approach categorical-approach-18-usc-924c circuit-split crime-of-violence hobbs-act hobbs-act-robbery johnson-v-united-states residual-clause sessions-v-dimaya statutory-interpretation third-circuit vagueness
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-11-02 (distributed 2 times)
Question Presented (AI Summary)

Does the categorical approach apply in determining whether an offense is a crime of violence' for purposes of 18 U.S.C. § 924(c)?

Question Presented (OCR Extract)

question presented is: Does the categorical approach apply in determining whether an offense is a . “crime of violence” for purposes of 18 U.S.C. § 924(c)? ; 2. The Third Circuit also noted that irrespective of whether the categorical approach applies, one of the predicate offenses for Petitioner’s § 924(c) charge, a Hobbs Act robbery under 18 U.S.C. § 1951(b), may still constitute a crime of violence. This Court recently held in Sessions v. Dimaya that a “straightforward application” of Johnson to the residual clause in 18 U.S.C. § 16(b)}—worded identically to the residual clause in 18 U.S.C. § 924(c)—compels the determination that that provision is unconstitutionally vague. 138 S. Ct. 1204, 1213 (Apr. 7, 2018). The question presented is: In light of Johnson v. United States and Sessions v. Dimaya, can a Hobbs Act robbery under 18 U.S.C. § 1951(b) categorically constitute a “crime of violence” as defined in 18 U.S.C. § 924(c)(3)(A), if juries in three circuits are routinely i ‘ . instructed according to those circuits’ pattern instructions 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’? | | | ii

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-17
Waiver of right of respondent United States to respond filed.
2018-10-09
Motion (18M44) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. Justice Kavanaugh took no part in the consideration or decision of this motion.
2018-09-12
MOTION (14M44) DISTRIBUTED for Conference of 10/5/2018.
2018-08-27
Motion (18M44) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2018-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2018)

Attorneys

Dion Dakota Johnson
Arianna J. FreemanFederal Community Defender Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent