No. 19-6486

Eduard Bangiyev v. United States

Lower Court: Fourth Circuit
Docketed: 2019-11-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-1963 21-usc-853 co-conspirator-liability conspiracy criminal-forfeiture federal-statute personal-possession-or-use proceeds-of-crime property-forfeiture statutory-interpretation supreme-court-precedent united-states-v-honeycutt
Key Terms:
Securities
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the elements that availed the Supreme court decision in United States v. Honeycutt also apply more broadly to the 18 U.S.C.S. 1963 statute

Question Presented (OCR Extract)

QUESTION PRESENTED The United States Supreme Court decision in the United States v. Honeycutt focused on the text of 21 U.S.C.S. 853, to.determine that 853(a)(1) precludes co-conspirator liability. . As the Court explained, the statute defines forfeitable property solely in terms of personal possession or use. Subsection (a) (1) . limits forfeiture to property constituting, or derived from, . any proceeds the person obtained, directly or indirectly, as the result of the crime, .21 U.S.C.S. 853(a)(1). To have obtained property, the court said, the person must have personally acquired it; one does not obtain property acquired by someone else. While the words directly and indirectly modify the word obtained, they do . not erase the statute's requirement that the person in fact obtain : the property. : : The question presented is: Whether the elements that availed the Supreme court decision in United States v. Honeycutt, also apply more broadly to the 18 U.S.C.S. 1963 statute. | ;

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-12
Waiver of right of respondent United States to respond filed.
2019-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2019)

Attorneys

Eduard Bangiyev
Eduard Bangiyev — Petitioner
Eduard Bangiyev — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent