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Michael Cobbs v. United States

IFP petition · United States Court of Appeals for the Seventh Circuit, No. 23-3140 · judgment June 26, 2025


Certiorari denied · November 10, 2025

Questions presented

1.) Whether the Seventh Circuit errored in holding that Petitioner's conviction under 18 U.S.C. § 924 (c) remains valid despite the court's decision in United States v. Taylor 596 U.S. 845 (2022), which held that attempted Hobbs Act robbery does not qualify as a "crime of violence". (See Appendix &)

  1. ) Whether.the Seventh Circuit improperly applied procedural default to bar Petitioner s claim despite a showing of actual innocence, in conflict with Housley v. United States, 523 U.S. 614 (1998). (See Appendix «t>- C)

  2. ) Whether Justice Jackson's opinion in Hewitt v. United States Ho. 23-1002, applies here where retroactivity is concerned?'

  3. )’ Whether the indictment failed to give notice of the offense?'

  4. ) Whether a defendant can be punished/imprisoned for a crime or count the Grand Jury did not return?

  5. ) Whether an indictment has to be clear and concise?

  6. ) Whether counsel was ineffective for failing to object to the court and prosecutions ambiguity?

  7. ) Whether the indictment's ambiguilty and the courtroom confusion prejudiced Petitioner and produced a miscarriage of justice?

Counsel of record

For petitioner
Michael W. Cobbs

For respondent
D. John Sauer
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

Order
Order list, November 10, 2025 · Certiorari denied

Proceedings

  1. Nov 10 2025
    Petition DENIED.
  2. Oct 16 2025
    DISTRIBUTED for Conference of 11/7/2025.
  3. Oct 10 2025
    Waiver of right of respondent United States to respond filed.
  4. Aug 18 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2025)