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: Defense Newsletter Blog

Green: RICO Conspiracy Is Not a Crime of Violence Under 924(c)

By Tim Cone

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In United States v. Green, No. 17-10346 (Aug. 11, 2020) (Wilson, Grant, Hinkle), the Court affirmed in part and vacated in part. First, the Court held that RICO conspiracy is not a ?crime of violence? under the elements clause in 924(c)(3)(A). The Court reasoned that, like Hobbs Act conspiracy, RICO conspiracy was premised on a mere agreement to participate in unlawful activity and does not require an overt act. Second, the Court held that one of the defendant?s 120-year sentence was procedurally unreasonable because the district court failed to adequately clarify the applicable guideline range, which was determined to be 210-262 months at the initial sentencing hearing. The district court also clearly erred by finding that the defendant participated in a murder, which stipulated cell phone records made physically impossible...continue to full post

Full post as published by Defense Newsletter Blog on August 11, 2020 (boomark / email).