No. 19-900

Jessica Vennie v. United States

Lower Court: Fourth Circuit
Docketed: 2020-01-21
Status: Denied
Type: Paid
Response Waived
Tags: conspiracy criminal-joinder criminal-procedure due-process federal-criminal-procedure joinder legal-enterprise racketeering rico rico-act
Key Terms:
Environmental SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether Rule 8(b) permits joinder of defendants who participated in the same legal enterprise but were not alleged to have coordinated with one another

Question Presented (OCR Extract)

QUESTION PRESENTED Federal Rule of Criminal Procedure 8(b) permits joinder of multiple defendants who are “alleged to have participated in the same act or transaction, or in the same series of acts or transactions, constituting an offense or offenses.” Fed. R. Crim. P. 8(b). Petitioner was charged with racketeering and conspiracy to distribute and possess with intent to distribute narcotics. Petitioner was indicted along with eight co-defendants, and tried with one of those co-defendants. Although petitioner and her codefendant were alleged to have participated in the affairs of a single legal enterprise for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO), they were not charged or alleged to have been part of the same conspiracy nor to have known each other. The question presented is: Whether charging two defendants’ with participating in the conduct of a single legal enterprise that has many legal purposes is sufficient to permit joinder under Rule 8(b), where the defendants have not been alleged to have coordinated with one another, connected with one another through any single conspiracy, or participated in a mutually beneficial plan. ii LIST OF

Docket Entries

2020-02-24
Petition DENIED.
2020-02-05
DISTRIBUTED for Conference of 2/21/2020.
2020-01-30
Waiver of right of respondent United States of America to respond filed.
2020-01-21
Petition for a writ of certiorari filed. (Response due February 20, 2020)

Attorneys

Jessica Vennie
Jonathan Chun-Wei SuLatham & Watkins LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent