Derrick Harrell v. United States
HabeasCorpus
Whether Hobbs Act robbery under 18 U.S.C. § 1951(b) is a crime of violence
QUESTIONS PRESENTED 1. Whether Hobbs Act robbery under 18 U.S.C. § 1951(b) is a crime of violence for purposes of 18 U.S.C. § 924(c)(8)(A), i.e., one that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another,” where the Hobbs Act allows for robbery to be committed by instilling a fear of future harm, and the pattern jury instructions of three circuits allow for conviction based on threats of economic harm to intangible property rights. 2. Whether the Eleventh Circuit misapplies this Court’s precedents in MillerElv. Cockrell, 537 U.S. 322 (2003) and Buck v. Davis, 1387S. Ct. 759 (2017), by holding that a certificate of appealability may not issue in the face of adverse circuit precedent, even where the issues are debatable among jurists of reason. i INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)@), Mr. Harrell submits that there are no