No. 21-7479

Rodrecus M. Smith v. United States

Lower Court: Sixth Circuit
Docketed: 2022-03-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: commerce-clause,federal-prosecution,robbery,inters commerce-clause,robbery,interstate-commerce,cash,a
Key Terms:
HabeasCorpus
Latest Conference: 2022-04-22
Question Presented (AI Summary)

commerce-clause,robbery,interstate-commerce,cash,appeal-certification,record

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. The Commerce Clause supports a federal prosecution of robbery when the robber targeted the victim to steal assets presently involved in interstate commerce, such as drugs or drug proceeds. Did the court err by concluding the Commerce Clause also supports such a prosecution when the defendant targeted the victim simply to steal cash, unaware that the cash was presently involved in interstate commerce? 2. Did the Court of Appeals misapply the lenient standard for certifying an issue for appeal because it justified denying a certificate by assuming a putative “fact” contradicted by the record? ii

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-03-30
Waiver of right of respondent United States to respond filed.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2022)

Attorneys

Rodrecus M. Smith
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent