No. 19-6820

Rafael Leoner-Aguirre v. United States

Lower Court: First Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court civil-procedure criminal-law criminal-procedure federal-jurisdiction first-circuit jury-instructions predicate-acts racketeering rico rico-conspiracy salinas-v-united-states statutory-interpretation statutory-provisions supreme-court united-states-code
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the jury must find the specific predicate acts committed under the RICO conspiracy statute

Question Presented (OCR Extract)

QUESTION PRESENTED In Salinas v. United States, 522 U.S. 52 (1997), this Court held that the RICO conspiracy does not require proof that a defendant himself committed or agreed to commit the two predicate acts required for a substantive RICO offense under 41962 (c). This determination is not challenged here. The question is whether Salinas directed, as the First Circuit erroneously concluded, that the jury need not make any finding what predicate acts were committed when the defendant, as his sole defense, claimed that the acts proven were not predicate acts as defined by the RICO conspiracy statute.

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-09
Waiver of right of respondent United States to respond filed.
2019-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Rafael Leoner-Aguirre
Julia Pamela Heit — Petitioner
Julia Pamela Heit — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent