No. 20-7750

Kepa Maumau v. United States

Lower Court: Tenth Circuit
Docketed: 2021-04-14
Status: GVR
Type: IFP
IFP
Tags: 18-usc-924c crime-of-violence due-process force-clause hobbs-act jury-instructions reckless reckless-conduct
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether Hobbs Act robbery is categorically a 'crime of violence' under 18 U.S.C. § 924(c)'s 'force clause'

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW QUESTIONS PRESENTED 1. Model jury instructions define Hobbs Act robbery, 18 U.S.C. § 1951, to include takings caused by fear of future economic harm to “intangible property.” While such conduct could be a “crime of violence” under the residual clause of 18 U.S.C. § 924(c), this Court struck down the residual clause in United States v. Davis, 139 S.Ct. 2139 (2019). Is Hobbs Act robbery categorically a “crime of violence” under § 924(c)’s “force clause”? 2. Petitioner Kepa Maumau was convicted of § 924(c) based on Hobbs Act robbery. Following the Tenth Circuit pattern jury instructions, the court instructed the jury that Hobbs Act robbery was a “crime of violence” under 18 U.S.C. § 924(c) and that it could be committed by causing fear of future economic harm to “intangible property.” Did the court violate Mr. Maumau’s due process rights when it told the jury he was guilty of § 924(c) if he committed Hobbs Act robbery by threatening future harm to intangible property? 3. Mr. Maumau was also convicted of § 924(¢) based on crimes of violence that could be committed recklessly. Does a crime that can be committed recklessly qualify categorically as a “crime of violence” under the force clause of § 924(c)? i

Docket Entries

2021-11-05
JUDGMENT ISSUED.
2021-10-04
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>Borden</i> v. <i>United States</i>, 593 U. S. ___ (2021). Justice Gorsuch took no part in the consideration or decision of this motion and this petition.
2021-09-21
Reply of petitioner Kepa Maumau submitted.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-14
Memorandum of respondent United States filed.
2021-05-06
Motion to extend the time to file a response is granted and the time is extended to and including June 14, 2021.
2021-05-05
Motion to extend the time to file a response from May 14, 2021 to June 14, 2021, submitted to The Clerk.
2021-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Kepa Maumau
Benjamin C. McMurrayUtah Federal Public Defender, Petitioner
Benjamin C. McMurrayUtah Federal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent