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Marcus Walker v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 15-4062 · judgment March 5, 2021

GVR'd · June 27, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Third Circuit decision below, and a petition citing one or two dissents.

Question presented

Whether attempted Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), is a “crime of violence” under 18 U.S.C. § 924(c)(1)(A), meaning that it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” This Court granted review on this issue in United States v. Taylor, No. 20-1459, cert. granted July 2, 2021.

Counsel of record

For petitioner
John Patrick Elwood
Arnold & Porter Kaye Scholer LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, June 27, 2022 · Summary disposition

Proceedings

  1. Jul 29 2022
    JUDGMENT ISSUED
  2. Jun 27 2022
    Petition 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. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  5. Oct 22 2021
    Memorandum for the United States filed.
    Main DocumentProof of Service
  6. Sep 08 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including October 22, 2021.
  7. Sep 07 2021
    Motion to extend the time to file a response from September 24, 2021 to October 22, 2021, submitted to The Clerk.
    Main Document
  8. Aug 19 2021
    Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2021.
  9. Aug 18 2021
    Motion to extend the time to file a response from August 25, 2021 to September 24, 2021, submitted to The Clerk.
    Main Document
  10. Jul 22 2021
    Petition for a writ of certiorari filed. (Response due August 25, 2021)
    PetitionAppendixCertificate of Word CountProof of Service