No. 22-6554

Adrian Gordon v. United States

Lower Court: Ninth Circuit
Docketed: 2023-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-1959 18-usc-924c conspiracy-theory crimes-of-violence criminal-liability gun-enhancement pinkerton-liability racketeering vicar-statute
Latest Conference: 2023-02-24
Question Presented (from Petition)

Are Instructions under Pinkerton v. United States, 328 U.S. 640 (1946) appropriate for crimes of violence in aid of racketeering under 18 U.S.C. § 1959 ("VICAR") when the perpetrator of the crime and their motives are unknown? Additionally, are Pinkerton Instructions appropriate for related gun enhancements under 18 U.S.C. § 924(c)?

Alternatively, because crimes based on conspiracy theories are not crimes of violence for gun enhancements under 18 U.S.C. § 924(c), are VICAR counts relying on Pinkerton conspiracy instructions crimes of violence?

Question Presented (AI Summary)

Are Instructions under Pinkerton v. United States appropriate for crimes of violence in aid of racketeering under 18 U.S.C. § 1959 (VICAR) when the perpetrator of the crime and their motives are unknown?

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.
2023-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2023)

Attorneys

Adrian Gordon
Vicki Marolt BuchananVicki Marolt Buchanan, PC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent