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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
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 &)
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) 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)
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) Whether Justice Jackson's opinion in Hewitt v. United States Ho. 23-1002, applies here where retroactivity is concerned?'
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)’ Whether the indictment failed to give notice of the offense?'
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) Whether a defendant can be punished/imprisoned for a crime or count the Grand Jury did not return?
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) Whether an indictment has to be clear and concise?
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) Whether counsel was ineffective for failing to object to the court and prosecutions ambiguity?
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) 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
Conference history
Distributed for 1 conference
Proceedings
- Nov 10 2025Petition DENIED.
- Oct 16 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 10 2025Waiver of right of respondent United States to respond filed.
- Aug 18 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2025)