No. 22-6067

Yazan Al-Madani v. United States

Lower Court: Sixth Circuit
Docketed: 2022-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review enterprise fraud hobbs-act mens-rea public-official rico rico-act sentencing-error victim
Latest Conference: 2023-01-06
Question Presented (from Petition)

Question One: Whether under the Racketeer Influenced and Corrupt Organizations Act ("RICO ") an entity can be both an "enterprise " and a "victim " - when it profited from the alleged fraudulent act.

Question Two: Whether an unelected physician, with no governmental authority whatsoever, can qualify as a "public official " under the Hobbs Act; and if so, whether reducing the number of days an employee is required to work, but not their hours, constitutes an "official act".

Question Three: Whether a loss-calculation error at sentencing should be considered harmless when the error deprives the defendant from seeking meaningful appellate review.

Question Four: Whether the United States was required to prove an unauthorized intent to defraud in counts of the Indictment that did not contain a specific mens rea element.

Question Presented (AI Summary)

Whether an entity can be both an 'enterprise' and a 'victim' under RICO

Docket Entries

2023-01-09
Petition DENIED.
2022-12-09
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-22
Waiver of right of respondent United States to respond filed.
2022-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2022)
2022-08-03
Application (22A87) granted by Justice Kavanaugh extending the time to file until October 7, 2022.
2022-07-29
Application (22A87) to extend the time to file a petition for a writ of certiorari from August 8, 2022 to October 7, 2022, submitted to Justice Kavanaugh.

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Yazan Al-Madani
Yazan Al-Madani — Petitioner