No. 21-7083

Michael Kenneth Rich v. United States

Lower Court: Sixth Circuit
Docketed: 2022-02-09
Status: Denied
Type: IFP
IFP
Tags: conspiracy criminal-sentencing due-process due-process-of-law future-tense-instruction individualized-responsibility individualized-sentencing panel-decision rico-conspiracy rico-enterprise
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-06-09
Related Cases: 21-1089 (Vide) 21-7095 (Vide) 21-7119 (Vide)
Question Presented (AI Summary)

Whether a RICO enterprise with legitimate and illegitimate purposes violates due process and individualized sentencing

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Ifa RICO enterprise exists for legitimate associational as well as illegitimate purposes, does it violate due process and the obligation to individualize a sentence to hold every member responsible for every single act committed by every other member during the period of membership? 2. Is the split panel decision approving the future tense instruction for a RICO conspiracy contrary to the guarantee of due process of law? i RELATED CASES Unites States of America v. Jeff Garvin Smith (18-2364/2365) Paul Anthony Darrah (18-2407/2408) Carey Dale VanDiver (18-2323/2324) Vincent John Witort (18-2410) Patrick Michael McKeoun (18-2342) Victor Carlos Castano (19-1028/1029) David Randy Drozdowskhi (18-2401) ii

Docket Entries

2022-06-13
Petition DENIED.
2022-05-24
DISTRIBUTED for Conference of 6/9/2022.
2022-05-18
Reply of petitioner Michael Kenneth Rich filed.
Main DocumentProof of Service
2022-03-31
Motion to extend the time to file a response is granted and the time is further extended to and including May 9, 2022.
2022-03-30
Motion to extend the time to file a response from April 11, 2022 to May 9, 2022, submitted to The Clerk.
Main Document
2022-03-03
Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2022.
2022-03-02
Motion to extend the time to file a response from March 11, 2022 to April 11, 2022, submitted to The Clerk.
Main Document
2022-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2022)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixCertificate of Word CountProof of Service

Attorneys

Michael Kenneth Rich
Robert M. Morgan — Petitioner
Robert M. Morgan — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent