No. 20-7497

Kevin Reid v. United States

Lower Court: Ninth Circuit
Docketed: 2021-03-18
Status: GVR
Type: IFP
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
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 McClintockFederal Defender's Office, Petitioner
Ann Catherine McClintockFederal Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent