No. 23-7679

Thaddeus Rhodes v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924(c) circuit-split crime-of-violence hobbs-act jury-instructions property-rights realistic-probability-test statutory-interpretation supreme-court-precedent united-states-v-taylor
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Is Hobbs Act robbery categorically a crime of violence?

Question Presented (OCR Extract)

QUESTION PRESENTED The circuits uniformly hold that Hobbs Act robbery is categorically a crime of violence and therefore can support a related conviction under 18 US.C. § 924(c)(1) and (8). They do so by using realistic a probability test forbidden by United States v. Taylor, 596 U.S. 845 (2022), and by ignoring the text of the statute and their own pattern jury instructions, which provide that Hobbs Act robbery can be committed by putting someone in fear of future injury to property, including economic or intangible property or by using no force, but withholding aid. The question presented is: Is Hobbs Act robbery categorically a crime of violence?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-17
Waiver of right of respondent United States to respond filed.
2024-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2024)

Attorneys

Thaddeus Rhodes
Nicole KaplanFederal Defender Program, Inc., Petitioner
Nicole KaplanFederal Defender Program, Inc., Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent