Supreme Court of the United States · Official docket →
Wilber Vigil-Benitez v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 25-11475 · judgment April 28, 2026
Questions presented
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Whether 18 U.S.C. § 1959(a)(1) requires proof that the defendant personally acted for the purpose of gaining entrance to, or maintaining or increasing his own position in, a racketeering enterprise, where the government concedes he already held full membership.
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Whether a jury instruction permitting conviction where the killing was merely 'an integral aspect of membership in the enterprise', language used in pattern instructions across multiple circuits, impermissibly relieves the government of proving that statutory purpose element.
Counsel of record
For petitioner
Sonia Escobio O'Donnell
O'Donnell Christopher LLP
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Aug 13 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 12 2026Waiver of right of respondent United States to respond filed.
- Jul 26 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2026)