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Robert E. Fox v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-2892 · judgment December 22, 2017

Certiorari denied · April 23, 2018

Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether this Court should overturn AlmendarezTorres v. United States, 523 U.S. 224 (1998), and require the government to charge and prove the fact of a prior conviction to a jury beyond a reasonable doubt.
Whether a Hobbs Act robbery qualifies as a “crime of violence” element under 18 U.S.C. § 924(c), applying the categorical approach set forth by this Court in Taylor v. United States, 495 U.S. 575 (1990).

For petitioner
Barry Levenstam
Jenner & Block

For respondent
Noel John Francisco
Jones Day

Conference history
Distributed for 2 conferences

Jun 04 2018
Rehearing DENIED.
May 15 2018
DISTRIBUTED for Conference of 5/31/2018.
May 11 2018
Petition for Rehearing filed.
Apr 23 2018
Petition DENIED.
Apr 04 2018
DISTRIBUTED for Conference of 4/20/2018.
Mar 29 2018
Waiver of right of respondent United States to respond filed.
Mar 22 2018
Petition for a writ of certiorari filed. (Response due April 23, 2018)