No. 21-5457

Brian Fierro v. United States

Lower Court: Ninth Circuit
Docketed: 2021-08-24
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: actus-reus circuit-interpretation criminal-law hobbs-act physical-force plain-language robbery robbery-statute statutory-construction statutory-interpretation violent-physical-force
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether the Circuits have interpreted the actus reus of Hobbs Act robbery too narrowly and against its plain language by requiring violent physical force as an element

Question Presented (OCR Extract)

Question Presented for Review By its plain language, Hobbs Act robbery does not require as an element the use, attempted use, or threatened use, of violent physical force. The plain language of the Hobbs Act robbery statute, 18 U.S.C. § 1951(b)(1), encompasses future threats to injure intangible property and does not require violent physical force. The question presented is whether the Circuits have interpreted the actus reus of Hobbs Act robbery too narrowly and against its plain language by requiring violent physical force as an element. 1

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-02
Reply of petitioner Brian Fierro, et al. filed.
2021-10-25
Memorandum of respondent United States filed.
2021-09-16
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
2021-09-15
Motion to extend the time to file a response from September 23, 2021 to October 25, 2021, submitted to The Clerk.
2021-08-19

Attorneys

Brian Fierro, et al.
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent