No. 18-8217

Marvin Johnson v. United States

Lower Court: Second Circuit
Docketed: 2019-03-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process enterprise enterprise-membership fair-trial jury-instructions racketeering racketeering-act violent-crime
Latest Conference: 2019-03-29
Question Presented (from Petition)

1. Whether in order to be legally sufficient, evidence supporting a conviction of violent crime in aid of racketeering must demonstrate that the defendant was actually a member of the alleged enterprise or sought to join the enterprise?

2. Whether evidence that the defendant occasionally sold drugs with members of the alleged enterprise is sufficient to establish an enterprise-related motive?

3. Whether compelling a defendant to participate in a joint trial in which he is charged with very few racketeering acts results in unfair spillover prejudice when he is acquitted of racketeering and racketeering conspiracy?

4. Whether, as urged in Petitioner's Pro Se brief, Petitioner's rights to due process and a fair trial were violated by the Government's failure to timely disclose 3500 material regarding prosecution witness Michael Farmer?

5. Whether, as urged in Petitioner's Pro Se brief, Petitioner's rights to due process and a fair trial were violated because the evidence of the drug conspiracy and drug related murder was legally insufficient?

6. Whether, as urged in Petitioner's Pro Se brief, the district court improperly instructed the jury with respect to aiding and abetting?

7. Whether, as urged in Petitioner's Pro Se brief, the district court improperly instructed the jury with respect to "use" of a firearm?

Question Presented (AI Summary)

Whether evidence supporting a conviction of violent crime in aid of racketeering must demonstrate the defendant was a member of the alleged enterprise

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-07
Waiver of right of respondent United States of America to respond filed.
2019-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

Marvin Johnson
Brendan WhiteWhite & White, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent