No. 22-6836
Response WaivedIFP
Tags: 18-usc-924(c) categorical-approach circuit-split crime-of-violence divisible-statute modified-categorical-approach racketeering-activity rico-statute statutory-interpretation
Latest Conference:
2023-03-17
Question Presented (from Petition)
In assessing whether RICO is a § 924(c)(3)(A) "crime of violence," is the statutory definition of "racketeering activity" divisible, such that a court may use the modified approach to examine the particular racketeering acts committed by the defendant, as the Second and Third Circuits hold, or is the statutory definition indivisible, requiring application of the standard categorical approach, as the Fourth and Fifth Circuits hold?
Question Presented (AI Summary)
Whether RICO is a 'crime of violence' under 18 U.S.C. § 924(c)(3)(A)
Docket Entries
2023-03-20
Petition DENIED. Justice Sotomayor and Justice Kagan took no part in the consideration or decision of this petition.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-28
Waiver of right of respondent United States to respond filed.
2022-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2023)
Attorneys
Robert Speed
Edward Scott Zas — Federal Defenders of New York, Inc., Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent