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Wilber Vigil-Benitez v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 25-11475 · judgment April 28, 2026


Pending

Questions presented

  1. 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.

  2. 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

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 13 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 12 2026
    Waiver of right of respondent United States to respond filed.
  3. Jul 26 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2026)