No. 23-7415

Carlos Gomez v. United States

Lower Court: Second Circuit
Docketed: 2024-05-08
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: criminal-procedure due-process jury-instruction jury-instructions pinkerton-liability predicate-offense rosemond-v-united-states statutory-interpretation united-states-v-davis vicarious-liability
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (AI Summary)

Whether a jury instruction on 18 U.S.C. § 924(c) charge based on invalid or valid predicate prejudiced the Petitioner

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether, following this Court’s decision in United States v. Davis, 588 U.S. 445 (2019), a jury instruction permitting a finding of guilt on an 18 U.S.C. § 924(c) charge based on either an invalid or valid predicate prejudiced the Petitioner, resulting in a general verdict, requires reversal under Hedgpeth v Pulido, 555 U.S. 57 (2008). 2. Whether the District Court’s Pinkerton instruction makes it likely that the jury found Petitioner guilty of murder without finding that he committed the substantive offense of murder, making murder an invalid predicate for an 18 U.S.C. § 924(c) charge pursuant this Court’s holding in United States v. Davis, 588 U.S. 445 (2019). 3. Whether, to sustain a conviction for § 924(c) under a Pinkerton theory of liability, a defendant must have participated in the predicate offense with advance knowledge that a confederate would use or carry a gun during the crime's commission in order to be consistent with this Court’s holding in Rosemond v. United States, 572 U.S. 65 (2014). 4. Whether this Court should overrule Pinkerton v. United States, 328 U.S. 640 (1946), as judge-made federal criminal law in derogation of United States v. Hudson, 11 U.S. 32 (1812).

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-12
2024-08-12
2024-07-29
Brief of respondent United States in opposition filed.
2024-06-25
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2024.
2024-06-21
Motion of United States for an extension of time submitted.
2024-06-21
Motion to extend the time to file a response from June 28, 2024 to July 29, 2024, submitted to The Clerk.
2024-05-29
Response Requested. (Due June 28, 2024)
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-14
Waiver of right of respondent United States to respond filed.
2024-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2024)

Attorneys

Carlos Gomez
Paul D. ClementClement & Murphy, PLLC, Petitioner
Sarah KunstlerLaw Office of Sarah Kunstler, Petitioner
United States
Elizabeth B. Prelogar — Respondent