No. 22-6553

Esau Ferdinand v. United States

Lower Court: Ninth Circuit
Docketed: 2023-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-1962(d) criminal-procedure enterprise-affairs enterprise-liability federal-rule-criminal-procedure-14(a) joint-trial personal-participation prosecutorial-discretion rico-conspiracy severance
Latest Conference: 2023-02-24
Question Presented (from Petition)

I. For RICO conspiracy liability under 18 U.S.C. § 1962(d), must the
defendant agree to personally further the enterprise's affairs, rather than merely
agree that someone else will associate with the enterprise and participate in its
affairs?

II. For severance of joint trials under Federal Rule of Criminal Procedure
14(a), must district courts consider all relevant forms of potential prejudice to the
codefendants and not only whether the defenses are mutually antagonistic?

Question Presented (AI Summary)

For RICO conspiracy liability, must the defendant agree to personally further the enterprise's affairs?

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2023-02-06
Waiver of right of respondent United States of America to respond filed.
2023-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2023)

Attorneys

Esau Ferdinand
Leah Linda SperoSpero Law Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent