No. 22-1190

Lavelle Hatley v. United States

Lower Court: Seventh Circuit
Docketed: 2023-06-08
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: armed-career-criminal-act categorical-approach circuit-split extortion hobbs-act robbery takings violent-felony
Key Terms:
Takings Privacy JusticiabilityDoctri
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Whether a prior conviction for Hobbs Act robbery qualifies as a 'violent felony' under the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTION PRESENTED Under the mandated categorical approach, a prior conviction falls within the Armed Career Criminal Act’s “ACCA”) definition of “violent felony” only if the elements of that conviction “are the same as, or narrower than,” the predicate crime listed in the ACCA enhancement. Descamps v. United States, 570 U.S. 254, 257 (2013). The elements of Hobbs Act robbery involving the use of force against property are broader than those of the ACCA’s enumerated crime of “extortion.” Does a prior conviction for Hobbs Act robbery qualify as a “violent felony” under the ACCA?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-18
2023-12-04
Brief of respondent United States in opposition filed.
2023-10-12
Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2023.
2023-10-11
Motion to extend the time to file a response from October 13, 2023 to December 4, 2023, submitted to The Clerk.
2023-09-06
Motion to extend the time to file a response is granted and the time is further extended to and including October 13, 2023.
2023-09-05
Motion to extend the time to file a response from September 13, 2023 to October 13, 2023, submitted to The Clerk.
2023-08-09
Motion to extend the time to file a response is granted and the time is extended to and including September 13, 2023.
2023-08-08
Motion to extend the time to file a response from August 14, 2023 to September 13, 2023, submitted to The Clerk.
2023-07-13
Response Requested. (Due August 14, 2023)
2023-06-14
DISTRIBUTED for Conference of 9/26/2023.
2023-06-12
Waiver of right of respondent United States to respond filed.
2023-06-02
Petition for a writ of certiorari filed. (Response due July 10, 2023)

Attorneys

Lavelle Hatley
Richard A. SimpsonWiley Rein, LLP, Petitioner
Richard A. SimpsonWiley Rein, LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent