PEEK v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MARLON PEEK, Civil Action No. 20-9747 (KSH) Petitioner, v. OPINION UNITED STATES OF AMERICA, Respondent. Marlon Peek,1 who is represented by counsel, moves to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255, arguing that his conviction under 18 U.S.C. § 924(c) is invalid in light of the Supreme Court’s decision in United States v. Taylor,

596 U.S. 845, 860

(2022) (holding that attempted Hobbs Act robbery does not qualify as a crime of violence under the elements clause of 18 U.S.C. § 924(c)). The Court has considered the…