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Jose Hernandez v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 19-50258, 19-50259 · judgment December 15, 2020


GVR'd · June 27, 2022

Question presented

Whether an attempted Hobbs Act robbery (18 U.S.C. § 1951) qualifies as a categorical “crime of violence” for purposes of 18 U.S.C. § 924(c)(3) because it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” Id. - Prefix -

Counsel of record

For petitioner
Gary Paul Burcham
Burcham & Zugman, APC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 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. Jul 15 2021
    DISTRIBUTED for Conference of 9/27/2021.
  5. Jun 25 2021
    Memorandum of respondent United States of America filed.
  6. May 12 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including June 25, 2021.
  7. May 11 2021
    Motion to extend the time to file a response from June 1, 2021 to June 25, 2021, submitted to The Clerk.
  8. Apr 23 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2021. See Rule 30.1.
  9. Apr 22 2021
    Motion to extend the time to file a response from April 29, 2021 to May 31, 2021, submitted to The Clerk.
  10. Mar 24 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2021)