No. 21-6625

Derrick Harrell v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-12-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability circuit-precedent circuit-split crime-of-violence criminal-law due-process federal-criminal-procedure hobbs-act physical-force sentencing statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether Hobbs Act robbery under 18 U.S.C. § 1951(b) is a crime of violence

Question Presented (OCR Extract)

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

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States of America to respond filed.
2021-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2022)

Attorneys

Derrick Harrell
Tracy M. DreispulFederal Public Defender Southern District of Florida, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent