No. 18-373

Floyd Rose v. United States

Lower Court: Second Circuit
Docketed: 2018-09-21
Status: Denied
Type: Paid
Tags: atm atm-robbery circuit-split commerce-clause commerce-element criminal-law federal-criminal-law fifth-circuit hobbs-act interstate-commerce robbery second-circuit
Latest Conference: 2019-01-04
Question Presented (from Petition)

Whether the Second Circuit erred by holding, in direct conflict with the Fifth Circuit, that a robbery in which an individual victim is forced to withdraw his own money from an ATM has a sufficient effect on interstate commerce to satisfy the "commerce" element of the Hobbs Act, 18 U.S.C. § 1951(a).

Question Presented (AI Summary)

Whether the Second Circuit erred by holding, in direct conflict with the Fifth Circuit, that a robbery in which an individual victim is forced to withdraw his own money from an ATM has a sufficient effect on interstate commerce to satisfy the commerce' element of the Hobbs Act

Docket Entries

2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Reply of petitioner Floyd Rose filed. (Distributed)
2018-11-20
Brief of respondent United States in opposition filed.
2018-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2018.
2018-10-16
Motion to extend the time to file a response from October 22, 2018 to November 21, 2018, submitted to The Clerk.
2018-09-21
Petition for a writ of certiorari filed. (Response due October 22, 2018)
2018-08-13
Application (18A159) granted by Justice Ginsburg extending the time to file until September 27, 2018.
2018-08-10
Application (18A159) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Ginsburg.

Attorneys

Floyd Rose
Christopher LandauQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent