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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, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition filed soon after the judgment below.
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
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
- 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)