No. 22-6791

Jerome Simmons v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-02-15
Status: Denied
Type: IFP
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. HaddadLaw Office of Christopher A. Haddad, PA, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent