No. 21-6601

Austin Woods v. United States

Lower Court: Sixth Circuit
Docketed: 2021-12-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-924c co-conspirator conspiracy crime-of-violence pinkerton-liability statutory-interpretation substantive-offense
Key Terms:
FifthAmendment DueProcess Punishment
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether the Pinkerton theory of liability can be used to establish the 'crime of violence' element of an 18 U.S.C. § 924(c) offense

Question Presented (OCR Extract)

QUESTION PRESENTED In 1946, this Court enunciated the Pinkerton theory of liability, which permits a . defendant to be held liable for a substantive offense committed by a co-conspirator if the offense was committed as part of the conspiracy. Where a defendant is convicted of conspiracy, and charged with an 18 U.S.C. § 924(c) offense relating to a substantive crime of violence committed by another, can the Government prove the “crime of violence” as to a defendant using only Pinkerton liability? ii RELATED CASES Pursuant to Supreme Court Rule 14(1)(b)Gii), Petitioner submits the following cases which are directly related to this Petition: none iii

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States of America to respond filed.
2021-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2022)

Attorneys

Austin Woods
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent