No. 20-7305

Larry Daniel Harris v. United States

Lower Court: Ninth Circuit
Docketed: 2021-03-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924c3a attempted-hobbs-act-robbery categorical-approach crime-of-violence criminal-statute hobbs-act hobbs-act-robbery negligence physical-force predicate-conviction property-injury statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2021-03-26
Question Presented (AI Summary)

whether-a-conviction-for-hobbs-act-robbery-qualifies-as-a-crime-of-violence-under-18-usc-924c3a

Question Presented (OCR Extract)

question presented is whether reasonable jurists can debate whether a conviction must necessarily establish that a defendant was more than negligent as to whether his intentional conduct could harm another before said conviction can serve as a predicate under § 924(c)(1) or whether, as the Ninth Circuit’s analysis assumes, the limiting language “against the person of another” in 18 U.S.C. § 924(c)(3)(A) is mere surplusage? 2. Where the plain language of § 1951 extends Hobbs Act robbery to include injury to property without limitation, and a Hobbs Act robbery effected by placing someone in fear of a future injury to intangible property clearly does not require the use, threatened use or attempted use of physical force, does the “realistic probability” limitation this Court identified in Gonzales v. DuenasAlvarez, 549 U.S. 183 (2007) apply such that the burden is on the defendant to i provide examples of the government applying the broad language of the statute in a particular case, or does the plain language of the statute control? 3. Whether a conviction for attempted Hobbs Act robbery necessarily establishes that a defendant used, attempted to use or threatened to use physical force against the person or property of another as required under § 924(c)(3)(A). [Harris only]. ii

Docket Entries

2021-03-29
Petition DENIED.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-03-04
Waiver of right of respondent United States of America to respond filed.
2021-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2021)

Attorneys

Larry Harris, et al.
Peggy SassoOffice of the Federal Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent