Martez Howard v. United States

A conviction for a completed offense, say Hobbs Act robbery, is categorically a crime of violence under 18 U.S.C. § 924(c)(3)(A)’s elements clause when it includes the use, attempted use, or threatened use of physical force against the person or property of another. But what of an attempted commission of that crime? The Eleventh Circuit insists that an attempt to commit a crime that, if completed, would categorically fit within the elements clause, automatically qualifies, too, as a § 924(c) crime of violence. Yet this “attempts always count” rule is controversial. The circuits are split. The Fourth Circuit expressly rejects the Eleventh Circuit’s majority viewpoint and holds instead that an attempt crime categorically is not a § 924(c) crime of violence. That is not all. This Court rejected an “attempts always count” rule in James v. United States, 550 U.S. 192 (2007). That opinion requires a fresh examination into whether the attempt itself includes the use, attempted use, or threatened use of physical force. Mr. Howard asks the Court to resolve this query: Is the attempted commission of an offense, like Hobbs Act robbery, automatically and categorically a crime of violence, whether or not the substantial step required for the conviction is violent and even if the attempt offense does not require specific intent?