Adrian Gordon v. United States
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?
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?