No. 22-5260
Response WaivedIFP
Tags: attempted-murder federal-sentencing racketeering-activity rico rico-sentencing sentencing state-law state-law-maximum statutory-interpretation statutory-maximum
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2022-09-28
Question Presented (from Petition)
State sentencing law determines the statutory maximum sentence under 18 U.S.C. § 1963(a) for a RICO conviction based on a racketeering activity that is a state crime. Under Illinois state law for attempted murder, Mr. Perez could not receive a life sentence enhancement for his underlying RICO racketeering activity because he did not "personally discharg[e]" a firearm. Is a sentencing court bound by the state statutory maximum exposure for RICO violations based on state racketeering activities?
Question Presented (AI Summary)
Whether a sentencing court is bound by the state statutory maximum exposure for RICO violations based on state racketeering activities
Docket Entries
2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-08
Waiver of right of respondent United States to respond filed.
2022-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2022)
Attorneys
David Perez
Adam Clay Stevenson — University of Wisconsin Law School, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent