No. 21-6098

Hector Enamorado, aka Vida Loca v. United States

Lower Court: First Circuit
Docketed: 2021-10-27
Status: Denied
Type: IFP
IFP
Tags: bruton-doctrine bruton-v-united-states codefendant-confession confrontation-clause criminal-procedure evidence multi-defendant-trial multi-defendant-trials rico-conspiracy sixth-amendment
Latest Conference: 2022-02-25
Question Presented (from Petition)

Petitioner Hector Enamorado was convicte d on a single count of conspiracy to
violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(d). During closing arguments, a code fendant's counsel decided to make the
jury's task "a little bit easy" by confessing his client's role in the criminal enterprise
as a whole and in an underlying murd er, thereby specifically implicating
Enamorado—who had maintained his innocence—in the murder. The questions presented are:

1. Whether a confession by codefendant's coun sel on behalf of hi s client during a
multi-defendant trial is subject to Bruton v. United States, 391 U.S. 123
(1968), and violates the Sixth Amendment rights of a non-confessing codefendant implicated by that confession, an issue on which the circuits are
split.

2. Whether a RICO conspiracy to violate 18 U.S.C. § 1962(c)—by conducting or
participating, directly or indirectly, in the conduct of a RICO enterprise's affairs through a pattern of racketeer ing activity—requires proof that a
conspirator knowingly agreed to facilit ate the activities of those who are
operating or managing the RICO enterp rise, a standard that harmonizes
Reves v. Ernst & Young , 507 U.S. 170 (1993), and Salinas v. United States ,
522 U.S. 52 (1997).

3. Whether state law RICO predicates are elements of a RICO offense that must
be found by a jury.

Question Presented (AI Summary)

Whether a confession by codefendant's counsel on behalf of his client during a multi-defendant trial is subject to Bruton v. United States, 391 U.S. 123 (1968), and violates the Sixth Amendment rights of a non-confessing codefendant implicated by that confession

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-01-26
Brief of respondent United States in opposition filed.
2021-12-22
Motion to extend the time to file a response is granted and the time is further extended to and including January 26, 2022.
2021-12-21
Motion to extend the time to file a response from December 27, 2021 to January 26, 2022, submitted to The Clerk.
2021-11-18
Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2021.
2021-11-16
Motion to extend the time to file a response from November 26, 2021 to December 27, 2021, submitted to The Clerk.
2021-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

Hector Enamorado
Rosemary Curran ScapicchioLaw Offices of Rosemary C. Scapicchio, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent