No. 20-6909

Brian Gale v. United States

Lower Court: Fourth Circuit
Docketed: 2021-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crime-of-violence criminal-law district-court due-process elements-clause hobbs-act residual-clause sentencing sentencing-enhancement statutory-interpretation
Latest Conference: 2021-02-19
Question Presented (from Petition)

"WHETHER HOBBS ACT ROBBERY QUALIFIES AS A "CRIME OF VIOLENCE"?, WHERE THE DISTRICT
COURT FAILED TO ADVANCE ANY THEORY (i.e. "residual clause, force claus, or elements
clause) DURING THE PROSECUTION?; and "WHETHER HOBBS ACT ROBBERY QUALIFIES AS A REQUISITE
CRIME OF VIOLENCE FOR 18 U.S.C. 924(c)(3)(A) PURPOSES?

Question Presented (AI Summary)

Whether Hobbs Act robbery qualifies as a 'crime of violence'

Docket Entries

2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent United States to respond filed.
2020-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Brian Gale
Brian Gale — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent