No. 21-6225

Edwin Guzman and Herzzon Sandoval v. United States

Lower Court: First Circuit
Docketed: 2021-11-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: accessory-after-fact accessory-after-the-fact circuit-split equipoise expert-testimony gatekeeping-function general-understanding mens-rea RICO-conspiracy RICO-predicate-offenses specific-understanding
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-01-07
Related Cases: 21-6182 (Vide) 21-6268 (Vide)
Question Presented (AI Summary)

Whether the First Circuit misapplied RICO-conspiracy, RICO-predicate-offenses, general-understanding, specific-understanding, equipoise, accessory-after-the-fact

Question Presented (OCR Extract)

Questions Presented for Review 1. Whether the First Circuit misapplied this Court’s rulings on RICO Conspiracy by approving an instruction allowing a jury to convict if it determined that that the defendant “shared a general understanding” of the RICO-predicate offenses that would be committed by alleged coconspirators, rather than “a specific understanding” of them, as requested by the defense, where the jury renders a general verdict, and even though the evidence was in equipoise as to whether the MS18 clique’s conspiracy was to kill (a RICO-predicate offense) or merely assault (not a RICO-predicate offense) rival gang members? 2. Whether the First Circuit misinterpreted Daubert v. Merrell Dow Pharms., Inc., and its progeny when it sanctioned the District Court’s abdication of its gatekeeping function over FBI Special Agent Jeffrey Wood’s expert testimony by failing to assess whether Wood’s principles and methods were reliable? 3. Whether the First Circuit misconstrued the intent of Congress and misapplied this Court’s holdings and was in conflict with the rulings of other circuits in determining that acting as an accessory after the fact to murder is an “act involving murder” for RICO Conspiracy purposes, given the distinctive mens rea and actus reus features of the inchoate offense of acting as an accessory after the fact? il

Docket Entries

2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-15
Waiver of right of respondent United States of America to respond filed.
2021-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2021)

Attorneys

Edwin Guzman, et al.
Michael R. SchneiderGood Schneider Cormier & Fried, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent