United States v. Daley
United States District Court for the Western District of Virginia
378 F. Supp. 3d 539 (2019)
- Written by Heather Whittemore, JD
Facts
Benjamin Daley, Michael Miselis, and Thomas Gillen (defendants) were members of a white-supremacist organization known as the Rise Above Movement (RAM). Between March and August 2017, RAM members organized multiple demonstrations in California and in Charlottesville, Virginia, where they committed violent acts against other people. Daley, Miselis, and Gillen were charged with conspiring to riot and with rioting in violation of 18 U.S.C. § 2101, the Federal Anti-Riot Act. Section 2101 defined a riot as a public disturbance involving acts or threats of violence committed by one or more people who were part of a group of three or more people. Daley, Miselis, and Gillen opposed the conspiracy charges, arguing that Wharton’s Rule prohibited the government from charging a defendant with conspiring to riot, because the underlying offense—rioting—required multiple people.
Rule of Law
Issue
Holding and Reasoning (Moon, J.)
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