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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


GVR'd · June 27, 2022
Pre-decision estimate: 2% cert probability

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

  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. Dec 29 2021
    DISTRIBUTED for Conference of 1/14/2022.
  5. Dec 27 2021
    Petition for writ of certiorari dismissed under Rule 46 only as to petitioner Constantin Cheese.
  6. Dec 17 2021
    Stipulation to dismiss the petition under Rule 46.1 only as to petitioner Constantin Cheese filed.
  7. Nov 12 2021
    Memorandum of respondent United States filed.
  8. Oct 06 2021
    Motion 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
  9. Oct 05 2021
    Motion to extend the time to file a response from October 12, 2021 to November 11, 2021, submitted to The Clerk.
  10. Sep 07 2021
    Petition for a writ of certiorari filed. (Response due October 12, 2021)