Supreme Court Report

Supreme Court of the United States · Official docket →

Floyd Rose v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-689 · judgment May 30, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 7% cert probability (95% interval 4%–10%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a petition filed soon after the judgment below.

Question presented

Whether the Second Circuit erred by holding, in direct conflict with the Fifth Circuit, that a robbery in which an individual victim is forced to withdraw his own money from an ATM has a sufficient effect on interstate commerce to satisfy the “commerce” element of the Hobbs Act, 18 U.S.C. § 1951(a).

Counsel of record

For petitioner
Christopher Landau
Ellis George LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
18A159

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Dec 04 2018
    Reply of petitioner Floyd Rose filed. (Distributed)
  4. Nov 20 2018
    Brief of respondent United States in opposition filed.
  5. Oct 17 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2018.
  6. Oct 16 2018
    Motion to extend the time to file a response from October 22, 2018 to November 21, 2018, submitted to The Clerk.
  7. Sep 21 2018
    Petition for a writ of certiorari filed. (Response due October 22, 2018)
  8. Aug 13 2018
    Application (18A159) granted by Justice Ginsburg extending the time to file until September 27, 2018.
  9. Aug 10 2018
    Application (18A159) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Ginsburg.