No. 23-5426

Christopher Robertson v. United States

Lower Court: Fourth Circuit
Docketed: 2023-08-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attempted-robbery constitutional-law criminal-conviction criminal-law federal-criminal-procedure hobbs-act jury-instructions misstatement-of-law residual-clause sentencing statutory-interpretation supreme-court
Latest Conference: 2023-10-06
Question Presented (from Petition)

1) CAN A DEFENDANT BE CONVICTED OF A 4(c) OFFENSE IF DEFENDANT WAS CONVICTED OF ATTEMPTED HOBBS ACT ROBBERY?

2) CAN A DEFENDANT BE CONVICTED OF A OFFENSE, IF DEFENDANT WAS CONVICTED OF CONSPIRACY HOBBS ACT ROBBERY?

3) CAN A DEFENDANT BE CONVICTED OF A 2(h) OFFENSE BASED ON A MISSTATEMENT OF FACT AS TO ATTEMPT?

4) CAN THE RESIDUAL CLAUSE STILL BE USED IN JURY INSTRUCTIONS TO DEFINE A CRIME OF VIOLENCE EVEN AFTER IT WAS FOUND UNCONSTITUTIONAL IN SESSION 16(b)?

Question Presented (AI Summary)

Whether a defendant can be convicted of a 924(c) offense if the defendant was convicted of attempted Hobbs Act robbery

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent United States to respond filed.
2023-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)

Attorneys

Christopher Robertson
Christopher Robertson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent