No. 23-7679
Thaddeus Rhodes v. United States
Response WaivedIFP
Tags: 18-usc-924(c) circuit-split crime-of-violence hobbs-act jury-instructions property-rights realistic-probability-test statutory-interpretation supreme-court-precedent united-states-v-taylor
Latest Conference:
2024-09-30
Question Presented (from Petition)
The circuits uniformly hold that Hobbs Act robbery is categorically a crime of violence and therefore can support a related conviction under 18 US.C. § 924(c)(1) and (3). They do so by using realistic a probability test forbidden by United States v. Taylor, 596 U.S. 845 (2022), and by ignoring the text of the statute and their own pattern jury instructions, which provide that Hobbs Act robbery can be committed by putting someone in fear of future injury to property, including economic or intangible property or by using no force, but withholding aid.
The question presented is: Is Hobbs Act robbery categorically a crime of violence?
Question Presented (AI Summary)
Is Hobbs Act robbery categorically a crime of violence?
Docket Entries
2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-17
Waiver of right of respondent United States to respond filed.
2024-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2024)
Attorneys
Thaddeus Rhodes
Nicole Kaplan — Federal Defender Program, Inc., Petitioner
United States
Elizabeth B. Prelogar — Respondent