No. 20-7610

Jose Hernandez v. United States

Lower Court: Ninth Circuit
Docketed: 2021-03-30
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: 18-usc-1951 18-usc-924(c)(3) attempted-hobbs-act-robbery categorical-approach circuit-split crime-of-violence federal-criminal-law hobbs-act sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-06-23 (distributed 2 times)
Question Presented (from Petition)

Whether an attempted Hobbs Act robbery (18 U.S.C. § 1951) qualifies as a categorical "crime of violence" for purposes of 18 U.S.C. § 924(c)(3) because it "has as an element the use, attempted use, or threatened use of physical force against the person or property of another."

Question Presented (AI Summary)

Whether an attempted Hobbs Act robbery (18 U.S.C. § 1951) qualifies as a categorical 'crime of violence' for purposes of 18 U.S.C. § 924(c)(3)

Docket Entries

2022-07-29
JUDGMENT ISSUED
2022-06-27
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Taylor</i>, 596 U. S. ___ (2022).
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2021-07-15
DISTRIBUTED for Conference of 9/27/2021.
2021-06-25
Memorandum of respondent United States of America filed.
2021-05-12
Motion to extend the time to file a response is granted and the time is further extended to and including June 25, 2021.
2021-05-11
Motion to extend the time to file a response from June 1, 2021 to June 25, 2021, submitted to The Clerk.
2021-04-23
Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2021. See Rule 30.1.
2021-04-22
Motion to extend the time to file a response from April 29, 2021 to May 31, 2021, submitted to The Clerk.
2021-03-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2021)

Attorneys

Jose Hernandez
Gary Paul BurchamBurcham & Zugman, APC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent