No. 21-6239

Robert A. Espinoza v. M. Segal, Warden

Lower Court: Seventh Circuit
Docketed: 2021-11-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c)(3)(a) conspiracy-definition crime-of-violence elements-clause gambling-activity gambling-offense racketeering-activity rico rico-statute unlawful-debt
Latest Conference: 2021-12-03
Question Presented (from Petition)

(1) Is § 1962(c)'s "Unlawful Debt" an alternative crime with alternative elements or a means of fulfilling the element of racketeering activity, i.e., gambling activity?

(2) Does § 1962(c) RICO qualify as a predicate crime of violence for purposes of conviction under § 924(c) (3)(A)'s elements clause when Congress made § 1959 VICAR as the violent racketeering offense?

(3) Can § 1962(c) RICO sometimes qualify as a crime of violence predicate and sometimes not depending on the facts of the case, for conviction under Title 18 U.S.C. § 924(c) (3)(A)'s elements clause?

(4) Does 18 U.S.C. § 1961(1) (A)'s definition of racketeering activity's use of the term "any act or threat involving" include conspiracy?

Question Presented (AI Summary)

Is § 1962(c)'s 'Unlawful Debt' an alternative crime or a means of fulfilling the element of racketeering activity?

Docket Entries

2021-12-06
Petition DENIED.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-11-15
Waiver of right of respondent Daniel Sproul, Warden to respond filed.
2021-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2021)

Attorneys

Daniel Sproul, Warden
Elizabeth B. PrelogarSolicitor General, Respondent
Robert A. Espinoza
Robert A. Espinoza — Petitioner