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Jeff Garvin Smith, Cary Dale Vandiver, Patrick Michael McKeoun, David Randy Drozdowski, and Vincent John Witort v. United States
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-2364, 18-2365. 18-2323, 18-2324, 18-2342, 18-2401, 18-2410 · judgment September 13, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Petitioners were convicted of RICO Conspiracy, 18 U.S.C. §1962(d). The district court inserted the future-tense language, “or would”, for all of the elements of the charge. The Sixth Circuit majority opinion affirmed, joining a minority of circuits. The majority of circuits require proof of the existence of an enterprise. The questions presented are: I. Should the jury have been allowed to convict the defendants on the hypothetical existence of all of the elements of a RICO Conspiracy? II. Did the jury instruction violate the defendants’ right to free speech in violation of the First Amendment by punishing mere talk?
Counsel of record
For petitioner
Craig A. Daly
Craig A. Daly, P.C.
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 13 2022Petition DENIED.
- May 24 2022DISTRIBUTED for Conference of 6/9/2022.
- May 19 2022Reply of petitioners Jeff Garvin Smith, et al. filed.
- May 09 2022Brief of respondent United States in opposition filed. VIDED.
- Mar 31 2022Motion to extend the time to file a response is granted and the time is further extended to and including May 9, 2022.
- Mar 30 2022Motion to extend the time to file a response from April 8, 2022 to May 9, 2022, submitted to The Clerk.
- Mar 03 2022Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2022.
- Mar 02 2022Motion to extend the time to file a response from March 9, 2022 to April 8, 2022, submitted to The Clerk.
- Feb 02 2022Petition for a writ of certiorari filed. (Response due March 9, 2022)