No. 19-8582

Brandon Lee Edwards v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-06-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-924c3a attempted-offense crime-of-violence elements-clause hobbs-act hobbs-act-robbery james-v-united-states specific-intent substantial-step
Key Terms:
HabeasCorpus
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Is the attempted commission of an offense, like Hobbs Act robbery, automatically and categorically a crime of violence under 18 U.S.C. § 924(c)(3)(A)'s elements clause?

Question Presented (OCR Extract)

QUESTION PRESENTED The courts of appeals have universally held that a conviction for a completed offense is categorically a crime of violence under 18 U.S.C. § 924(c)(3)(A)’s elements clause when it includes the use, attempted use, or threatened use of physical force against the person or property of another. But what of an attempted commission of that crime? The Eleventh Circuit insists that a conviction for an attempt to commit a crime that, if completed, would categorically fit within the elements clause, automatically qualifies, too. But this “attempts always count” rule is highly controversial. This Court rejected it in James v. United States. That opinion requires a fresh examination into whether the attempt itself includes the use, attempted use, or threatened use of physical force. Mr. Edwards asks the Court, then, to resolve this query: Is the attempted commission of an offense, like Hobbs Act robbery, automatically and categorically a crime of violence, whether or not the substantial step required for the conviction is violent and even if the attempt offense does not require specific intent?

Docket Entries

2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-06-04
Waiver of right of respondent United States to respond filed.
2020-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2020)

Attorneys

Brandon Lee Edwards
Whitman Matthew DodgeFederal Defender Program Inc., Petitioner
Whitman Matthew DodgeFederal Defender Program Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent