Adrian Gordon v. United States
DueProcess
Are Instructions under Pinkerton v. United States appropriate for crimes of violence in aid of racketeering under 18 U.S.C. § 1959 (VICAR) when the perpetrator of the crime and their motives are unknown?
QUESTION PRESENTED Are Instructions under Pinkerton v. United States, 328 U.S. 640 (1946) appropriate for crimes of violence in aid of racketeering under 18 U.S.C. § 1959 (“VICAR”) when the perpetrator of the crime and their motives are unknown? Additionally, are Pinkerton Instructions appropriate for related gun enhancements under 18 U.S.C. § 924(c)? Alternatively, because crimes based on conspiracy theories are not crimes of violence for gun enhancements under 18 U.S.C. § 924(c), are VICAR counts relying on Pinkerton conspiracy instructions crimes of violence? i