No. 22-6288

Mangwiro Sadiki-Yisrael v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-12-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: base-offense-level first-degree-murder guilty-plea mens-rea rehaif-v-united-states rico-conspiracy sentencing-guidelines statutory-interpretation statutory-max
Key Terms:
DueProcess
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the government must prove a defendant's mens rea and knowledge of first-degree murder to establish the statutory max and base offense level under USSG §2E1.1 in a RICO conspiracy case

Question Presented (from Petition)

QUESTIONS PRESENTED i») Whether in a RICO conspiracy case the government is required to prove a defendant’s mens rea and knowledge of first-degree murder to establish the statutory max and base offense level of Life under USSG §2E1.1, in accordance with Rehaif v. United States ? ID Whether Defendant’s admission during his guilty plea that the RICO conspiracy involved “murder,” where the indictment defined murder to include attempted murder and lesser degrees of murder, was a stipulation to first-degree murder generating a Base Offense Level of 43 and a sentencing range of Life ? i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2023-01-10
Waiver of right of respondent United States to respond filed.
2022-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2023)

Attorneys

Mangwiro Sadiki-Yisrael
L. Burton FinlaysonLaw Office of L. Burton Finlayson, LLC, Petitioner
L. Burton FinlaysonLaw Office of L. Burton Finlayson, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent