No. 18-9330

Thomas Anthony Hammond v. United States

Lower Court: Fourth Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender-guideline circuit-split criminal-justice criminal-law-sentencing due-process due-process-clause ex-post-facto ex-post-facto-clause federal-sentencing-guidelines robbery-statute sentencing sentencing-enhancement statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether New York's Robbery Statute § 160.15 qualifies as a Crime of Violence under the Career Offender Guideline § 4B1.2

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . 1. The United States Court Of Appeals has entered a decision =. in conflict with the decisions of the United States Courts of Appeals for the First and Second Circuits on whether New York's Robbery Statute § 160.15 Qualifies as a Crime of Violence under the Career Offender Guideline § 4B1.2. The Supervisory Powers of this Most Honorable Court are Required to Maintain Consistency in the Administration, , interpretation and application of federal Law. ‘ 2. Whether Hammond the Constitutional Protectidéns under the Due Process Clause and the Ex Post Facto Clause protect Hammond against being Sentenced under a Law that retrospecttively increased his Sentenced. , 3. Whether the Fourth Circuit Court of Appeals erred in Concluding that New york's Robbery Statute §160.15, irrespective of the Degree of Robbery, is categorically a "Crime of Violence Under U.S.S.G. §4B1.2

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent United States to respond filed.
2019-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Thomas Anthony Hammond
Thomas Anthony Hammond — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent