No. 23-64

Bennie Charles Phillips, Jr. v. United States, et al.

Lower Court: Fifth Circuit
Docketed: 2023-07-24
Status: Denied
Type: Paid
Response Waived
Tags: attempted-robbery criminal-attempt criminal-law federal-criminal-law hobbs-act mens-rea mere-preparation substantial-step uniform-test
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26
Related Cases: 23-5238 (Vide)
Question Presented (AI Summary)

What particularized standard should be adopted to create a uniform test for when conduct surpasses 'mere preparation' and constitutes a 'substantial step' for purposes of an attempted Hobbs Act robbery?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. What particularized standard should be adopted to create a uniform test for when conduct surpasses “mere preparation” and constitutes a “substantial step” for purposes of an attempted Hobbs Act robbery? u PARTIES TO PROCEEDING AND RELATED CASES Parties ¢ Petitioner, Bennie Charles Phillips, Jr., was the Appellant and defendant in the district court. ¢ Respondent, United States of America, was the Appellee. ¢ Respondents, Mare Anthony Hill, Nelson Alexander Polk, John Edward Scott were principal codefendants in the district court. Related Cases ¢ United States v. Hill, No. 19-20251, U.S. Court of Appeals for the Fifth Circuit. Judgment entered May 24, 2022. Opinion withdrawn on reh’g Mar. 22, 2023. ¢ United States v. Hill, No. 4:17-CR-7, U.S. District Court for the Southern District of Texas. Judgment entered Jul. 8, 2019.

Docket Entries

2023-10-02
Petition DENIED.
2023-08-09
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Waiver of right of respondents United States, et al. to respond filed.
2023-07-20
Petition for a writ of certiorari filed. (Response due August 23, 2023)

Attorneys

Bennie Charles Phillips, Jr.
Susan Jeanne ClouthierClouthier Law, PLLC, Petitioner
Susan Jeanne ClouthierClouthier Law, PLLC, Petitioner
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent