Joseph Griego v. United States
DueProcess HabeasCorpus
Whether Hobbs Act robbery qualifies as a crime of violence under 18 U.S.C. § 924(c)
Question Presented for Review Petitioners Griego and Romero ask this Court to address whether Hobbs Act robbery is a qualifying crime of violence under § 924(c). The statutory elements of Hobbs Act robbery at 18 U.S.C. § 1951(a) show the offense is: indivisible as to substantive or attempted Hobbs Act robbery; does not require violent physical force: and does not require intentional use of force against another. Thus, Hobbs Act robbery is overbroad and categorically fails to qualify as a § 924(c) predicate under United States v. Taylor, 142 S. Ct. 2015 (2022), Stokeling v. United States, 139 S. Ct. 544 (2019), and Borden v. United States, 141 S. Ct. 1817 (2021). Because the Circuits continue to misapply this Court’s categorical analysis precedent when evaluating Hobbs Act robbery, intervention is necessary to relieve defendants from unconstitutional § 924(c) convictions and mandatory consecutive prison sentences. ii