United States v. Rasheem Bogan
Split Score
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Case Summary
Disposition
Affirmed
The Eighth Circuit affirmed the district court’s refusal to dismiss Rasheem Bogan’s indictment for RICO conspiracy and felon-in-possession charges. The court held that the Juvenile Delinquency Act does not bar the government from using Bogan’s age-14 homicide as an overt act because he ratified the conspiracy by continuing gang activity as an adult, aligning the Eighth Circuit with the majority of circuits on that issue.
Circuit Split Identified
Legal Issue
Whether a defendant's pre-majority conduct may serve as a predicate/overt act in an adult RICO or other continuing-crime prosecution despite the procedural protections of the Federal Juvenile Delinquency Act (18 U.S.C. § 5032).
Circuit Positions
Pre-majority acts may be used as predicates for RICO/continuing conspiracies when the defendant continued participation after reaching adulthood (ratification theory).
Juvenile acts may never be used as predicates in adult federal prosecutions; the JDA bars it categorically.
Juvenile acts are generally barred except in narrowly defined circumstances.
Conflict Summary
Most circuits hold that juvenile acts can be used as predicates for a continuing conspiracy if the defendant ratifies the conspiracy through post-majority participation, while the D.C. Circuit categorically forbids such use and the Fourth Circuit allows it only in extremely narrow circumstances.