No. 21-5461

Tyrone Felder v. United States

Lower Court: Second Circuit
Docketed: 2021-08-24
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924(c)(3)(A) cell-site-evidence crime-of-violence hobbs-act intangible-asset new-york-robbery physical-force property statutory-interpretation
Key Terms:
FourthAmendment CriminalProcedure Punishment Privacy JusticiabilityDoctri
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Is Hobbs Act violence a 'crime of violence' under 18 U.S.C. § 924(c)(3)(A)?

Question Presented (OCR Extract)

question presented is whether Hobbs Act robbery, which can be committed by causing the victim to fear economic loss (“injury”) to an intangible asset (“property”), categorically qualifies as a crime of violence under § 924(c)’s elements clause, requiring the use of “physical force.” 2. Hobbs Act robbery is “based on [] New York law.” Evans v. United States, 504 U.S. 255, 264 (1992). New York robbery may be committed by minor 1 physicalexertions such as a bump, see People v. Lee, 197 A.D.2d 378, 378 (N.Y. App. Div. 1993); a block, see People v. Bennett, 219 A.D.2d 570, 570 (N.Y. App. Div. 1995); or a brief tug-of-war over property, see People v. Safon, 166 A.D.2d 389, 892 (N.Y. App. Div. 1990). The second question presented is whether Hobbs Act robbery, which like New York robbery can be committed by minor exertions of physical force, categorically qualifies as a crime of violence under § 924(c)’s elements clause, requiring the use of “violent force.” 3. The third question presented is whether the good faith exception to the exclusionary rule prevents permits historical cell site evidence obtained without a warrant to be offered at trial notwithstanding need for legislative deterrence.

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
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.
2021-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2021)

Attorneys

Tyrone Felder
Benjamin Adam SilvermanLaw Office of Benjamin Silverman PLLC, Petitioner
Benjamin Adam SilvermanLaw Office of Benjamin Silverman PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent