Jordan Denzel Lewis v. United States

ISSUE 1: This court should vacate petitioner's Count 4 and 6 convictions for lack of jurisdiction because the Taylor decision explicitly abrogated St. Hubert’s “realistic probability” analysis, and the Eleventh Circuit pattern Hobbs Act robbery instruction confirms Hobbs Act robbery is categorically overbroad and not a §924(c) “crime of violence, where the Government concedes, Taylor abrogated St. Hubert’s “realistic probability” methodology for the categorical approach and as confirmed by Jackson, Penn, and In Re Fluer, cannot control a categorical approach question under precedent and a pattern jury instruction it never considered; and, Taylor requires element to element matching and this Circuit’s Pattern Hobbs Act robbery instruction confirms that a Hobbs Act robbery conviction is categorically overbroad vis-a vis § 924(c)’s element’s clause; and, the other circuit post-Taylor decisions cited by the Government are inapposite and have no persuasive value.