No. 24-7451

Walston Owen v. United States

Lower Court: Second Circuit
Docketed: 2025-06-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-statute jury-finding racketeering-act rico-conspiracy sentencing-enhancement substantive-crime
Latest Conference: 2025-09-29
Related Cases: 24-7429 (Vide)
Question Presented (AI Summary)

Whether a defendant convicted of RICO conspiracy under 18 USC § 1962(d) is subject to enhanced sentencing under § 1963(a) based on a jury finding of agreement to join a RICO enterprise or only upon a jury finding that the substantive racketeering act was actually committed

Question Presented (OCR Extract)

A person is guilty of violating the Racketeer Influenced and Corrupt Organizations Act (“RICO”) if they violate any of subsections (a)-(d) under 18 USC § 1962. Pursuant to 18 USC § 1963(a), a RICO violation carries a sentence to a term of imprisonment of “not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment).” Where a racketeering act amounts to a substantive crime that carries a maximum penalty of life imprisonment, but a racketeering act that amounts to a conspiracy to commit that substantive crime does not, whether a defendant convicted of RICO conspiracy under 18 USC § 1962(d) is subject to enhanced sentencing under § 1963(a) based merely on jury finding that defendant agreed . to join the RICO enterprise knowing that that members were conspiring to commit the racketeering act, or whether enhanced sentencing is permissible only upon a jury finding that includes a determination that the substantive racketeering act was actually committed? i

Docket Entries

2025-10-06
Petition DENIED.
2025-07-10
DISTRIBUTED for Conference of 9/29/2025.
2025-07-08
Waiver of United States of right to respond submitted.
2025-07-08
Waiver of right of respondent United States to respond filed.
2025-06-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2025)

Attorneys

United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Walston Owen
Andrew H. FreifeldAndrew H. Freifeld, Esq., Petitioner
Andrew H. FreifeldAndrew H. Freifeld, Esq., Petitioner