No. 20-7024

Randy Macario Ancheta v. United States

Lower Court: Ninth Circuit
Docketed: 2021-02-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-924c certificate-of-appealability circuit-split crime-of-violence criminal-sentencing due-process hobbs-act mandatory-minimum statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-03-19
Question Presented (from Petition)

By its plain language, Hobbs Act robbery does not have as an element the use, attempted use, or threatened use, of violent force. Hobs Act robbery's plain language, at 18 U.S.C. § 1951(b)(1), encompasses future threats to injure intangible property, which does not require force. The question presented is whether, to make Hobbs Act robbery "fit" the 18 U.S.C. § 924(c)(3)(A) crime-of-violence physical force clause definition, the Circuits interpret Hobbs Act robbery too narrowly by requiring violent force as an element of 18 U.S.C. § 1951.

Question Presented (AI Summary)

Whether Hobbs Act robbery qualifies as a 'crime of violence' under 18 U.S.C. § 924(c)(3)(A)

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent United States to respond filed.
2021-01-29

Attorneys

Randy Ancheta, et al.
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent