Supreme Court of the United States · Official docket →
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: 8% cert probability (95% interval 5%–12%)
Before the decision, about 1.9× 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
- 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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Related
Vide, 23-5238
Order
Order list, October 2, 2023 · Certiorari denied
Proceedings
- Oct 02 2023Petition DENIED.
- Aug 09 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 31 2023Waiver of right of respondents United States, et al. to respond filed.
- Jul 20 2023Petition for a writ of certiorari filed. (Response due August 23, 2023)