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Bennie Charles Phillips, Jr. v. United States, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-20251 · judgment March 22, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

  1. What particularized standard should be adopted to create a uniform test for when conduct surpasses “mere preparation” and constitutes a “substantial step” for purposes of an attempted Hobbs Act robbery?

Counsel of record

For petitioner
Susan Jeanne Clouthier
Clouthier Law, PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Related
Vide, 23-5238

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 09 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jul 31 2023
    Waiver of right of respondents United States, et al. to respond filed.
  4. Jul 20 2023
    Petition for a writ of certiorari filed. (Response due August 23, 2023)