No. 21-6098

Hector Enamorado, aka Vida Loca v. United States

Lower Court: First Circuit
Docketed: 2021-10-27
Status: Denied
Type: IFP
IFP
Tags: bruton-doctrine bruton-v-united-states codefendant-confession confrontation-clause criminal-procedure evidence multi-defendant-trial multi-defendant-trials rico-conspiracy sixth-amendment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-02-25
Question Presented (AI Summary)

Whether a confession by codefendant's counsel on behalf of his client during a multi-defendant trial is subject to Bruton v. United States, 391 U.S. 123 (1968), and violates the Sixth Amendment rights of a non-confessing codefendant implicated by that confession

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Hector Enamorado was convicted on a single count of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(d). During closing arguments, a codefendant’s counsel decided to make the jury’s task “a little bit easy” by confessing his client’s role in the criminal enterprise as a whole and in an underlying murder, thereby specifically implicating Enamorado—who had maintained his innocence—in the murder. The questions presented are: 1. Whether a confession by codefendant’s counsel on behalf of his client during a multi-defendant trial is subject to Bruton v. United States, 391 U.S. 123 (1968), and violates the Sixth Amendment rights of a non-confessing codefendant implicated by that confession, an issue on which the circuits are split. 2. Whether a RICO conspiracy to violate 18 U.S.C. § 1962(c)—by conducting or participating, directly or indirectly, in the conduct of a RICO enterprise’s affairs through a pattern of racketeering activity—requires proof that a conspirator knowingly agreed to facilitate the activities of those who are operating or managing the RICO enterprise, a standard that harmonizes Reves v. Ernst & Young, 507 U.S. 170 (1993), and Salinas v. United States, 522 U.S. 52 (1997). 3. Whether state law RICO predicates are elements of a RICO offense that must be found by a jury. i

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-01-26
Brief of respondent United States in opposition filed.
2021-12-22
Motion to extend the time to file a response is granted and the time is further extended to and including January 26, 2022.
2021-12-21
Motion to extend the time to file a response from December 27, 2021 to January 26, 2022, submitted to The Clerk.
2021-11-18
Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2021.
2021-11-16
Motion to extend the time to file a response from November 26, 2021 to December 27, 2021, submitted to The Clerk.
2021-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

Hector Enamorado
Rosemary Curran ScapicchioLaw Offices of Rosemary C. Scapicchio, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent