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
Latest Conference: 2019-10-01
Question Presented (from Petition)

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.

Whether Hammond the Constitutional Protections under the Due Process Clause and the Ex Post Facto Clause protect Hammond against being Sentenced under a Law that retrospecttively increased his Sentenced.

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 US.S.G. §4B1.2

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

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