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Lavelle Hatley v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2534 · judgment March 6, 2023

Certiorari denied · January 8, 2024
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

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 circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

Under the mandated categorical approach, a prior conviction falls within the Armed Career Criminal Act’s (“ACCA”) definition of “violent felony” only if the elements of that conviction “are the same as, or narrower than,” the predicate crime listed in the ACCA enhancement. Descamps v. United States, 570 U.S. 254, 257 (2013). The elements of Hobbs Act robbery involving the use of force against property are broader than those of the ACCA’s enumerated crime of “extortion.” Does a prior conviction for Hobbs Act robbery qualify as a “violent felony” under the ACCA?

Counsel of record

For petitioner
Richard A. Simpson
Wiley Rein, LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 18 2023
    Reply of petitioner Lavelle Hatley filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Dec 04 2023
    Brief of respondent United States in opposition filed.
    Main DocumentProof of Service
  5. Oct 12 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2023.
  6. Oct 11 2023
    Motion to extend the time to file a response from October 13, 2023 to December 4, 2023, submitted to The Clerk.
    Main Document
  7. Sep 06 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including October 13, 2023.
  8. Sep 05 2023
    Motion to extend the time to file a response from September 13, 2023 to October 13, 2023, submitted to The Clerk.
    Main Document
  9. Aug 09 2023
    Motion to extend the time to file a response is granted and the time is extended to and including September 13, 2023.
  10. Aug 08 2023
    Motion to extend the time to file a response from August 14, 2023 to September 13, 2023, submitted to The Clerk.
    Main Document
  11. Jul 13 2023
    Response Requested. (Due August 14, 2023)
  12. Jun 14 2023
    DISTRIBUTED for Conference of 9/26/2023.
  13. Jun 12 2023
    Waiver of right of respondent United States to respond filed.
    Main Document
  14. Jun 02 2023
    Petition for a writ of certiorari filed. (Response due July 10, 2023)
    PetitionCertificate of Word CountProof of Service