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Kevin Reid v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 19-16799 · judgment December 11, 2020

GVR'd · June 27, 2022

Questions presented

  1. Whether attempted robbery under the Hobbs Act, 18 U.S.C. § 1951, qualifies as a “crime of violence,” meaning that it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another,” id. § 924(c)(3)(A).

  2. Whether a conviction must necessarily establish that a defendant was more than negligent as to whether his intentional conduct could harm another before said conviction can serve as a predicate under § 924(c)(3)(A) or whether, as the Ninth Circuit’s analysis assumes, the limiting language “against the person of another” in 18 U.S.C. § 924(c)(3)(A) is mere surplusage?

Counsel of record

For petitioner
Ann Catherine McClintock
Federal Defender's Office

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Jul 29 2022
    JUDGMENT ISSUED
  2. Jun 27 2022
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Taylor, 596 U. S. ___ (2022).
  3. Jun 21 2022
    DISTRIBUTED for Conference of 6/23/2022.
  4. Aug 05 2021
    DISTRIBUTED for Conference of 9/27/2021.
  5. Jul 16 2021
    Brief of respondent United States in opposition filed.
    Certificate of Word CountMain Document
  6. Jun 07 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including July 16, 2021.
  7. Jun 04 2021
    Motion to extend the time to file a response from June 11, 2021 to July 16, 2021, submitted to The Clerk.
    Main Document
  8. May 05 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2021.
  9. May 04 2021
    Motion to extend the time to file a response from May 12, 2021 to June 11, 2021, submitted to The Clerk.
    Main Document
  10. Apr 12 2021
    Response Requested. (Due May 12, 2021)
  11. Apr 01 2021
    DISTRIBUTED for Conference of 4/16/2021.
  12. Mar 25 2021
    Waiver of right of respondent United States to respond filed.
    Main Document
  13. Mar 11 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2021)
    Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service