United States v. Wright

Appellate Case: 20-5080 Document: 010110724361 Date Filed: 08/15/2022 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT August 15, 2022
_________________________________
Christopher M. Wolpert
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 20-5080
(D.C. Nos. 4:20-CV-00237-GKF-FHM &
JAMES PAUL WRIGHT, 4:12-CR-00197-GKF-1)
(N.D. Okla.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT *
_________________________________
Before PHILLIPS, McHUGH, and ROSSMAN, Circuit Judges.
_________________________________
On July 7, 2022, this court granted a certificate of appealability (COA) and
ordered supplemental briefing on one issue: whether attempted Hobbs Act robbery is a
crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A). In response,
the parties have filed a Joint Motion to Remand, asking this court to remand this matter to
the district court for further consideration in light of the Supreme Court’s decision in
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Appellate Case: 20-5080 Document: 010110724361 Date Filed: 08/15/2022 Page: 2
United States v. Taylor, 142 S. Ct. 2015 (2022). For good cause shown, this motion is
granted.
In dismissing Mr. Wright’s 28 U.S.C. § 2255 motion and denying him a COA, the
district court reasoned that “every circuit court to have considered the issue has
concluded an attempted Hobbs Act robbery is a crime of violence under the elements
clause.” R. vol. I at 211. But in Taylor, the Supreme Court unequivocally ruled that
attempted Hobbs Act robbery is not a crime of violence under the elements clause:
“Whatever one might say about completed Hobbs Act robbery, attempted Hobbs Act
robbery does not satisfy the elements clause.” 142 S. Ct. at 2020. Rather than address in
the first instance what Taylor means for Mr. Wright’s § 2255 motion, we remand his case
to the district court for further consideration in light of Taylor.
The Clerk shall issue the mandate forthwith.
Entered for the Court
Per Curiam
2