No. 19-8002

Humberto Herrera v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-03-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-jurisdiction federal-crime federal-offense federalism hobbs-act interstate-commerce retail-robbery stirone-v-united-states taylor-v-united-states
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether the Hobbs Act makes the robbery of any retail store that engages in interstate commerce a federal offense

Question Presented (from Petition)

Question Presented Whether the Hobbs Act makes the robbery of any retail store that engages in interstate commerce a federal offense. The Court expressly declined to delineate the scope of the Hobbs Act in Taylor v. United States, 136 S.Ct. 2074 (2016), and in Stirone v. United States, 361 U.S. 212 (1960). Notwithstanding Taylor’s intimations that the act may not apply to local, retail-store robberies like those charged in this case, the courts of appeals continue to maintain, just as before Taylor, that every retail-store robbery in the United States is a federal crime. This case squarely raises this important issue of federalism. ii

Docket Entries

2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-20
Waiver of right of respondent United States of America to respond filed.
2020-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2020)

Attorneys

Humberto Herrera
Ricardo J. BascuasUniversity of Miami School of Law, Petitioner
Ricardo J. BascuasUniversity of Miami School of Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent