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
Key Terms:
HabeasCorpus
Latest Conference: 2021-12-03
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED ‘ Title 18 U.S.C. § 1962(c)'s "racketeering activity" is defined in Title 18 U.S.C. § 1961(1)(A) to include many non-violent offenses including the act of : "gambling". Section 1962(c)'s collection of "unlawful debt" is defined in Title 18 U.S.C. § 1961(6)(A)(B) in relevant part, as a debt. "(A) incurred or contracted : in gambling activity. . . (B) which was incurred in connection with the business of gambling. . . ." The questions are: , : : ; (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? “ ay : (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? . -i;

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