No. 22-7872

Carmelita Barela v. United States

Lower Court: Ninth Circuit
Docketed: 2023-06-27
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: borden-v-united-states circuit-split crime-of-violence force-definition hobbs-act mens-rea stokeling-v-united-states violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-11-09 (distributed 2 times)
Question Presented (AI Summary)

Whether a Hobbs Act robbery conviction can be sustained where the only claimed use of 'violent force' is coughing and claiming to have 'Covid' while shoplifting, when the conduct implicitly threatened encompasses at most indirect force imparted through reckless (rather than intentional) disregard of a risk of transmission

Question Presented (OCR Extract)

QUESTION PRESENTED The circuit courts have held unanimously that Hobbs Act robbery qualifies categorically as a “violent felony” and “crime of violence.” Therefore, all Hobbs Act robbery offenses must involve the use, attempted use, or threatened use of “violent force,” as defined in, inter alia, Borden v. United States, 141 S. Ct. 1817 (2021), and Stokeling v. United States, 139 S. Ct. 544 (2019). Can a Hobbs Act robbery conviction be sustained where the only claimed use of “violent force” is coughing and claiming to have “Covid” while shoplifting, when the , conduct implicitly threatened encompasses at most indirect force imparted through | reckless (rather than intentional) disregard of a risk of transmission? i INTERESTED PARTIES | There are no

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-24
Reply of petitioner Carmelita Barela filed. (Distributed)
2023-10-06
Brief of respondent United States in opposition filed.
2023-08-24
Motion to extend the time to file a response is granted and the time is further extended to and including October 6, 2023.
2023-08-23
Motion to extend the time to file a response from September 6, 2023 to October 6, 2023, submitted to The Clerk.
2023-08-01
Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk.
2023-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-07-06
Response Requested. (Due August 7, 2023)
2023-06-29
Waiver of right of respondent United States to respond filed.
2023-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2023)

Attorneys

Carmelita Barela
John Paul ReichmuthFederal Public Defender, Petitioner
John Paul ReichmuthFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent