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Paul Xavier Espinoza v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 17-16666


Certiorari denied · November 8, 2021

Question presented

By its plain language, Hobbs Act robbery does not require as an element the use, attempted use, or threatened use, of violent physical force. The plain language of the Hobbs Act robbery statute, 18 U.S.C. § 1951(b)(1), encompasses future threats to injure intangible property and does not require violent physical force. The question presented is whether the Circuits have interpreted the actus reus of Hobbs Act robbery too narrowly and against its plain language by requiring violent physical force as an element.

Counsel of record

For petitioner
Amy B. Cleary
Federal Public Defender, District of Nevada

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 08 2021
    Petition DENIED.
  2. Oct 21 2021
    DISTRIBUTED for Conference of 11/5/2021.
  3. Oct 21 2021
    Reply of petitioners Paul Espinoza, et al. filed. (Distributed)
  4. Oct 07 2021
    Brief of respondent United States in opposition filed.
  5. Sep 01 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2021.
  6. Aug 31 2021
    Motion to extend the time to file a response from September 7, 2021 to October 7, 2021, submitted to The Clerk.
  7. Jul 29 2021
    Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2021.
  8. Jul 28 2021
    Motion to extend the time to file a response from August 6, 2021 to September 6, 2021, submitted to The Clerk.
  9. Jul 07 2021
    Response Requested. (Due August 6, 2021)
  10. Jun 17 2021
    DISTRIBUTED for Conference of 9/27/2021.
  11. Jun 14 2021
    Waiver of right of respondent United States to respond filed.
  12. Jun 08 2021