Supreme Court of the United States · Official docket →

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: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a petition citing three to ten dissents, a petition filed soon after the judgment below, and counsel who has filed here before.

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).

Counsel of record

For petitioner
Barry Levenstam
Jenner & Block

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Orders
Order list, April 23, 2018 · Certiorari denied
Order list, June 4, 2018 · Rehearing denied

Proceedings

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)