No. 22-5170

Cristian Serrano-Delgado v. United States

Lower Court: First Circuit
Docketed: 2022-07-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924 aiding-and-abetting conspiracy crime-of-violence davis-v-united-states hobbs-act hobbs-act-robbery jury-instructions pinkerton-doctrine pinkerton-liability section-924c
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Can a valid Section 924(c) conviction be based on jury findings that may have been based on Hobbs Act conspiracy, Pinkerton Hobbs Act conspiracy, and aiding and abetting when those offenses require no proof of the requisite violent force?

Question Presented (OCR Extract)

QUESTION PRESENTED A jury convicted Cristian Serrano-Delgado of 18 U.S.C. §§ 924(c) and (j) based on instructions providing various possible crime-of-violence predicates. These included, within the same § 924(c) counts, conspiracy to commit Hobbs Act Robbery, Hobbs Act robbery based on Pinkerton conspiracy, and aiding and abetting of Hobbs Act robbery. Under Davis, conspiracy is not a crime of violence, and Hobbs Act robbery has not been assessed by this Court. The question presented is: Can a valid Section 924(c) conviction be based on jury findings that may have been based on Hobbs Act conspiracy, Pinkerton Hobbs Act conspiracy, and aiding and abetting when those offenses require no proof of the requisite violent force? i PARTIES Cristian Serrano-Delgado, petitioner on review, was the defendant-appellant below. The United States of America, respondent on review, was the plaintiff-appellant below.

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Waiver of right of respondent United States to respond filed.
2022-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2022)
2022-06-27
Application (21A857) granted by Justice Breyer extending the time to file until July 20, 2022.
2022-06-21
Application (21A857) to extend the time to file a petition for a writ of certiorari from June 20, 2022 to July 20, 2022, submitted to Justice Breyer.

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent