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Andre Barnaby, et al. v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-923 · judgment June 7, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The question presented here is identical to the question presented in United States v. Taylor, No. 20-1459, in which this Court granted certiorari on July 2, 2021: 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).
Counsel of record
For petitioner
Murray Singer
Murray E. Singer, Esq.
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jul 29 2022JUDGMENT ISSUED
- Jun 27 2022Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Taylor, 596 U. S. ___ (2022).
- Jun 21 2022DISTRIBUTED for Conference of 6/23/2022.
- Dec 29 2021DISTRIBUTED for Conference of 1/14/2022.
- Dec 27 2021Petition for writ of certiorari dismissed under Rule 46 only as to petitioner Constantin Cheese.
- Dec 17 2021Stipulation to dismiss the petition under Rule 46.1 only as to petitioner Constantin Cheese filed.
- Nov 12 2021Memorandum of respondent United States filed.
- Oct 06 2021Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2021. See Rule 30.1
- Oct 05 2021Motion to extend the time to file a response from October 12, 2021 to November 11, 2021, submitted to The Clerk.
- Sep 07 2021Petition for a writ of certiorari filed. (Response due October 12, 2021)