No. 20-7497
Response RequestedResponse WaivedRelisted (3)IFP
Tags: 18-usc-924(c)(3)(A) circuit-split crime-of-violence criminal-law hobbs-act negligence predicate-offense statutory-interpretation surplusage
Key Terms:
DueProcess FifthAmendment HabeasCorpus
DueProcess FifthAmendment HabeasCorpus
Latest Conference:
2022-06-23
(distributed 3 times)
Question Presented (AI Summary)
Whether attempted robbery under the Hobbs Act qualifies as a 'crime of violence'
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Whether attempted robbery under the Hobbs Act, 18 U.S.C. § 1951, qualifies as a “crime of violence,” meaning that it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another,” id. § 924(c)(3)(A). 2. 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)(3)(A) 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? i
Docket Entries
2022-07-29
JUDGMENT ISSUED
2022-06-27
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Taylor</i>, 596 U. S. ___ (2022).
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-07-16
Brief of respondent United States in opposition filed.
2021-06-07
Motion to extend the time to file a response is granted and the time is further extended to and including July 16, 2021.
2021-06-04
Motion to extend the time to file a response from June 11, 2021 to July 16, 2021, submitted to The Clerk.
2021-05-05
Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2021.
2021-05-04
Motion to extend the time to file a response from May 12, 2021 to June 11, 2021, submitted to The Clerk.
2021-04-12
Response Requested. (Due May 12, 2021)
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-03-25
Waiver of right of respondent United States to respond filed.
2021-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2021)
Attorneys
KEVIN REID
Ann Catherine McClintock — Federal Defender's Office, Petitioner
Ann Catherine McClintock — Federal Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent