No. 22-6791
Jerome Simmons v. United States
Response WaivedIFP
Tags: 18-usc-924(c) crime-of-violence criminal-conspiracy elements-clause fifth-amendment hobbs-act hobbs-act-robbery sentencing-enhancement sentencing-enhancements sixth-amendment vagueness-doctrine
Latest Conference:
2023-03-17
Question Presented (from Petition)
Whether a sentence predicated upon a finding that Hobbs Act robbery is a crime of violence under the elements clause in 18 U.S.C § 924 (c) violates the "vagueness" doctrine.
After a Hobbs Act robbery goes awry, whether the application of sentencing enhancements based on subsequent criminal acts undertaken solely by a coconspirator violates the Fifth and Sixth Amendments, where the conduct was neither in furtherance of the planned criminal activity, nor submitted to a jury to determine guilt beyond a reasonable doubt.
Question Presented (AI Summary)
Whether a sentence predicated upon a finding that Hobbs Act robbery is a crime of violence under the elements clause in 18 U.S.C § 924 (c) violates the 'vagueness' doctrine
Docket Entries
2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-22
Waiver of right of respondent United States to respond filed.
2023-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2023)
Attorneys
Jerome Simmons
Christopher A. Haddad — Law Office of Christopher A. Haddad, PA, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent