No. 20-7404

De Andre Smith v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-03-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: commerce-clause criminal-prosecution federal-jurisdiction hobbs-act individual-victim interstate-commerce intra-state-robbery mandatory-sentencing robbery software-purchase
Latest Conference: 2021-04-16
Question Presented (from Petition)

Whether the intra-state robbery of an individual satisfies the interstate commerce nexus sufficient for a Hobbs Act prosecution merely because the individual once purchased software on line that she used in her intra-state business and a copy of that software was stolen in the robbery?

Given that Congress intended Section 403 to be a clarification as to how the harsh mandatory punishments of § 924(c)(1)(C) are to be applied, should the limitation of Section 403 be read to allow for application of the amendment to cases pending on direct appeal since the well-established law is that a criminal conviction and sentence are not final until the termination of the direct appeal?

Question Presented (AI Summary)

Whether the intra-state robbery of an individual satisfies the interstate commerce nexus sufficient for a Hobbs Act prosecution

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-18
Waiver of right of respondent United States of America to respond filed.
2021-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2021)

Attorneys

De Andre Smith
Bernardo LopezFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent