Whether a nonspecific RICO conspiracy without specific intent to commit the target crime can constitute a substantive criminal offense

No question identified. : Garcia’s timely petition for panel rehearing and rehearing en banc. Copies of those orders are attached to this application. 2. This Court has jurisdiction under 28 U.S.C. § 1254(1). 3. The case arose out of a trial against Mr. Garcia and a co-defendant, and a jury found Mr. Garcia guilty of racketeering conspiracy (18 U.S.C. § 1962(d)), conspiracy to commit attempted murder in aid of racketeering (18 U.S.C. § 1959(a)(5)), and conspiracy to commit assault with a dangerous weapon in aid of racketeering (18 U.S.C. § 1959(a)(6)). He was sentenced to 420 months’ imprisonment. 4. The issues on appeal, as relevant here, include whether a nonspecific VICAR conspiracy that targets no particular individual and for which no conspirator possessed specific intent to commit the target crime can constitute a crime, and whether defendants are entitled to a specific unanimity instruction. 5. Applicant respectfully requests a 60-day extension of time to file a petition for a writ of certiorari seeking review of the Court of Appeals’ ruling and submits that there is good cause for granting the request. First, Applicant’s counsel of record requires additional time to consult with Applicant. And second, counsel is also heavily engaged with other appellate matters, including: a reply brief on the merits in the California Supreme Court in Fox Paine & Company, et al., v. Twin City Fire Ins. Co., et al., (Case No. 8287404), filed September 8, 2025), a reply brief on cross-appeal in the U.S. Court of Appeals for the Federal Circuit in Edge Systems LLC v. Cartessa Aesthetics, LLC (Case No. 25-1119), filed September 10, 2025, an amicus brief in the U.S. Court of Appeals for the Eleventh Circuit in Computer & Communications Industry Association, et al. v. James Uthmeier, Attorney General, State of Florida (Case No. 25-11881), due on September 19, 2025; an opening brief in the U.S. Court of Appeals for the Third Circuit in Thomson Reuters Enterprise Centre GmbH, et al. v. ROSS Intelligence Inc. (Case No. 25-2153), due on September 22, 2025; a brief in opposition in Adrian Jules, Petitioner v. Andre Balazs Properties, et al., in the U.S. Supreme Court (Case No. 23-1258, 23-1283), due on Sept. 22, 2025; a reply in support of petition for review in the California Supreme Court in Fiduciary Trust International of California v. S.C. (National Union Fire Insurance Company) (Case No. $287404) due on September 25, 2025; a petition for rehearing in the U.S. Court of Appeals for the Third Circuit in Murrin v. Commissioner, Internal Revenue Service (Case No. 24-2037), due on October 2, 2025; and an opening brief in the U.S. Court of Appeals for the Ninth Circuit in United States of America v. Raschell Taylor (Case No. 25-2871), due on October 6, 2025. These pre-existing deadlines make it difficult to prepare Mr. Garcia’s petition for a writ of certiorari without the requested extension. 6. Applicant’s counsel sought the government’s position on this request and Assistant United States Attorney, Mary Jean Chan, confirmed that the government does not object to this request. CONCLUSION For the foregoing reasons, Applicant respectfully requests that the Court extend the time within which to file a petition for a writ of certiorari in this matter up to and including November 24, 2025. Respectfully submitted on this 11th day of September, 2025. /s/ Anne M. Voigts Anne M. Voigts Pillsbury Winthrop Shaw Pittman LLP 2550 Hanover St. Palo Alto, CA 94304 (650) 233-4075 *Counsel of Record for Petitioner Vincent Garcia Case: 22-10291, 01/28/2025, ID: 12920178, DktEntry: 87-1, Page 1 of 15 NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 28 2025 MOLLY C. DWYER, CLERK UNITED STATES OF AMERICA, No. 22-10291 Plaintiff-Appellee, D.C. No. 5:18-cr-00466-BLF-2 Vv. VINCENT GERALD GARCIA, MEMORANDUM’ UNITED STATES OF AMERICA, No. 22-10333 Plaintiff-Appellee, D.C. No. v. JORGE JASSO, UNITED STATES OF AMERICA, No. 22-10346 Plaintiff-Appellee, D.C