No. 24-6686

Deonta Brown v. United States

Lower Court: Fifth Circuit
Docketed: 2025-03-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause constitutional-interpretation criminal-law hobbs-act interstate-commerce substantial-effect
Latest Conference: 2025-03-28
Question Presented (AI Summary)

In order to convict a defendant of robbery of a local business establishment under the Hobbs Act, must the prosecution prove beyond a reasonable doubt that the robbery itself substantially affected interstate commerce without considering the 'aggregate' effect on interstate commerce of countless other, unspecified robberies of similar business establishments?

Question Presented (OCR Extract)

Petitioner and an accomplice were convicted of robbery of a Waffle House restaurant under the Hobbs Act, 18 U.S.C. § 1951(a), and convicted of using a firearm in relation to that robbery, in violation of 18 U.S.C. § 924(c). During that robbery, petitioner and his accomplice took less than $100 in cash from the cash register and a restaurant em-ployee’s cellular phone worth $130. Although the plea agreement stipulated to an element of § 1951(a) – that the robbery of the Waffle House “affect[ed]” interstate commerce in an unspecified manner – the evidence in petitioner’s case indisputably shows that the robbery did not in any way affect any channel or instrumentality of interstate commerce or the interstate movement of money or goods. Instead, the robbery merely involved a brief, localized act of threatened violence and petty theft, which by it self did not substantially affect interstate commerce. The questions presented in this case are: I. In order to convict a defendant of robbery of a local business establishment under the Hobbs Act, must the prosecution prove beyond a reasonable doubt that the robbery itself substantially affected interstate commerce – without considering the “aggregate” effect on interstate commerce of countless other, unspecified robberies of similar business es-tablishments? This Court reserved this question in Taylor v. United States, 579 U.S. 301, 310 (2016). II. Should this Court reconsider its precedent broadly interpreting Article I, § 8, Clause 3 of the U.S. Constitution, as applied to congressional regulation of intrastate activities that do not affect the instrumentali-ties or channels of interstate commerce, to reflect the intent of the Framers of the Constitution?

Docket Entries

2025-03-31
Petition DENIED.
2025-03-13
DISTRIBUTED for Conference of 3/28/2025.
2025-03-05
Waiver of right of respondent United States to respond filed.
2025-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2025)

Attorneys

Deonta Brown
Brent Evan NewtonAttorney at Law, Petitioner
Brent Evan NewtonAttorney at Law, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent