No. 21-5644

Michael Hall v. United States

Lower Court: Ninth Circuit
Docketed: 2021-09-10
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 18-usc-924c3a actus-reus aiding-and-abetting categorical-analysis criminal-statute force-clause hobbs-act hobbs-act-robbery sentencing-enhancement violent-physical-force
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether aiding and abetting Hobbs Act robbery does not require the use, attempted use, or threatened use of violent physical force under 18 U.S.C. § 924(c)(3)(A)'s force clause

Question Presented (OCR Extract)

question presented is whether Circuits have failed to apply categorical analysis to aiding and abetting’s distinct elements, which do not meet the requirements of 18 U.S.C. § 924(c)(3)(A)’s force clause. In addition, the Hobbs Act robbery statute, 18 U.S.C. § 1951(b)(1), does not require as an element the use, attempted use, or threatened use, of violent physical force. By its plain language, Hobbs Act robbery encompasses future threats to injure intangible property and does not require violent physical force. The second 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

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-26
Reply of petitioner Michael Hall, et al. filed. (Distributed)
2021-10-12
Memorandum of respondent United States in Opposition filed.
2021-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2021)

Attorneys

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