Question Presented (from Petition)
1. Does § 1961(1)(A) of RICO incorporate—and thereby require the
Government to plead and prove beyond a reasonable doubt—the elements of
specific state-law offenses charged as "racketeering activity," as the Second
Circuit holds, or does this provision reference only generic categories of
offenses, as the Third, Fifth, Sixth, Eighth, and Eleventh Circuits hold?
2. Is RICO's "racketeering activity" element "divisible," such that
courts may use the "modified categorical approach" and consider the
individual racketeering acts proven in a particular case to determine if the
defendant's RICO violation qualifies as an 18 U.S.C. § 924(c) "crime of
violence," as the Second and Third Circuits hold, or are these various acts
merely different "means" of committing the single, indivisible element of
"racketeering activity," as the Fourth and Fifth Circuits hold?
Question Presented (AI Summary)
Whether RICO incorporates state-law elements or only generic offense categories
2024-06-24
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition. See 28 U. S. C. §455(b)(3) and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior government employment).
2024-06-05
DISTRIBUTED for Conference of 6/20/2024.
2024-06-05
Reply of petitioner Nardino Colotti, et al. filed. (Distributed)
2024-05-16
Brief of respondent United States in opposition filed.
2024-04-19
Motion to extend the time to file a response is granted and the time is further extended to and including May 16, 2024.
2024-04-18
Motion to extend the time to file a response from April 29, 2024 to May 16, 2024, submitted to The Clerk.
2024-03-20
Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2024.
2024-03-18
Motion to extend the time to file a response from March 27, 2024 to April 29, 2024, submitted to The Clerk.
2024-02-26
Response Requested. (Due March 27, 2024)
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-13
Waiver of right of respondent United States to respond filed.
2023-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2024)