Selbourne Waite v. United States
Punishment Privacy
Whether attempted Hobbs Act robbery and aiding and abetting Hobbs Act robbery are crimes of violence
QUESTIONS PRESENTED Whether attempted Hobbs Act robbery, which may be completed through an attempted threat alone, see 18 U.S.C. § 1951(a), and aiding and abetting a Hobbs Act robbery, which requires even less, falls outside the definition of a “crime of violence” in 18 U.S.C. § 924(c)(3)(A). Whether, as applied to Mr. Waite, his “death-in-prison” of 110 years resulting from the now illegal stacking of section 924 (c) offenses is unreasonable, disproportionate, and amounts to cruel and unusual punishment in violation of Eighth Amendment when Mr. Waite was in Criminal History Category I, no person was physically harmed during his crimes, and all defendants sentenced now, in identical circumstances, would no longer face such a long, mandatory sentence? il