No. 20-8370

Loranzo Thomas v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law due-process eleventh-circuit habeas-corpus sentencing statutory-interpretation
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether, in light of Borden v. United States, -- U.S. --, -- S. Ct. -, 2021 WL 2367312 (U.S. June 10, 2021), aiding and abetting Hobbs Act robbery by causing a victim to fear injury is a "crime of violence" under 18 U.S.C. § 924(c)(3)(A).

Whether the elements of aiding and abetting Hobbs Act robbery necessarily include the use, attempted use, or threatened use of physical force against the person or property of another and qualify the offense as a "crime of violence" under 18 U.S.C. § 924(c)(3)(A).

Whether, in conflict with other circuits, the Eleventh Circuit exceeded its authority under 28 U.S.C. § 2244 by reviewing the merits of an applicant's claim rather than limiting itself to determining whether the applicant made a "prima facie showing" of satisfaction of § 2244(b)'s pre-filing requirements, and whether application of that published decision under the Eleventh Circuit's prior precedent rule violates § 2244 and due process.

Question Presented (AI Summary)

Whether aiding and abetting Hobbs Act robbery is a 'crime of violence' under 18 U.S.C. § 924(c)(8)(A)

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-29
Waiver of right of respondent United States of America to respond filed.
2021-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2021)

Attorneys

Loranzo Thomas
Lynn Palmer BaileyFederal Public Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent