Question Presented (from Petition)
1. Whether Pinkerton v. United States, 328 U.S. 640 (1946) liability, which only requires that a conspirator reasonably foresee the substantive crimes of his coconspirators, applies in the context of an 18 U.S.C. § 924(c) violation predicated on a crime of violence, which categorically requires more than the reckless use of force under United States v. Davis, 139 S. Ct. 2319 (2019) and Borden v. United States, 141 S. Ct. 1817 (2021).
2. Whether this Court should grant, vacate, and remand for reconsideration in light of Borden.
Question Presented (AI Summary)
Whether Pinkerton liability applies to 18 U.S.C. § 924(c) violations
Docket Entries
2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-15
Waiver of right of respondent United States of America to respond filed.
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2021)
Attorneys
Gary Henry
Benjamin Lee Coleman — Singleton Schreiber McKenzie & Scott LLP, Petitioner
United States of America
Brian H. Fletcher — Acting Solicitor General, Respondent