No. 20-7404

De Andre Smith v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-03-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: commerce-clause criminal-prosecution federal-jurisdiction hobbs-act individual-victim interstate-commerce intra-state-robbery mandatory-sentencing robbery software-purchase
Key Terms:
DueProcess Securities
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether the intra-state robbery of an individual satisfies the interstate commerce nexus sufficient for a Hobbs Act prosecution

Question Presented (from Petition)

Question Presented: Whether the intra-state robbery of an individual satisfies the interstate commerce nexus sufficient for a Hobbs Act prosecution merely because the individual once purchased software on line that she used in her intra-state business and a copy of that software was stolen in the robbery? Question Two Section 403 of the First Step Act of 2018 clarified that § 924(c)(1)(C) calls for a mandatory consecutive 25-year term of imprisonment for second or subsequent convictions only where those second or subsequent offenses are committed after the first or initial conviction has already become final. Section 403 also provided that “[t]his section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.” The Question Presented: Given that Congress intended Section 403 to be a clarification as to how the harsh mandatory punishments of § 924(c)(1)(C) are to be applied, should the limitation of Section 403 be read to allow for application of the amendment to cases pending on direct appeal since the well-established law is that a criminal conviction and sentence are not final until the termination of the direct appeal? i INTERESTED PARTIES There are no

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-18
Waiver of right of respondent United States of America to respond filed.
2021-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2021)

Attorneys

De Andre Smith
Bernardo LopezFederal Public Defender, Petitioner
Bernardo LopezFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent