No. 21-7088

Selbourne Waite v. United States

Lower Court: Second Circuit
Docketed: 2022-02-09
Status: GVR
Type: IFP
Relisted (2)IFP
Tags: 18-usc-924c aiding-and-abetting attempted-robbery crime-of-violence criminal-procedure eighth-amendment hobbs-act sentencing-enhancement
Key Terms:
Punishment Privacy
Latest Conference: 2022-06-23 (distributed 2 times)
Question Presented (AI Summary)

Whether attempted Hobbs Act robbery and aiding and abetting Hobbs Act robbery are crimes of violence

Question Presented (OCR Extract)

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

Docket Entries

2022-07-29
JUDGMENT ISSUED
2022-06-27
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Taylor</i>, 596 U. S. ___ (2022).
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-04-27
DISTRIBUTED for Conference of 5/12/2022.
2022-04-11
Memorandum of respondent United States filed.
2022-03-08
Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2022.
2022-03-04
Motion to extend the time to file a response from March 11, 2022 to April 11, 2022, submitted to The Clerk.
2022-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent