US v. Martin Manley, No. 20-6812 (4th Cir. 2022)
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Defendant a member of the street gang in Newport News, Virginia, known as the “Dump Squad,” was charged in 2009 with counts of racketeering conspiracy, drug conspiracy, conspiracy to interfere with and interference with commerce by robbery, using a firearm during and in relation to a crime of violence, assault with a dangerous weapon in aid of racketeering activity, maiming in aid of racketeering activity, murder in aid of racketeering activity, and using a firearm causing death. The issue presented in this appeal is whether offenses under 18 U.S.C. Section 1959 (violent crimes in aid of racketeering activity, commonly referred to as “VICAR”) — in particular, VICAR assault and VICAR murder — must be committed with a sufficiently culpable mens rea to amount to “crime[s] of violence,” as necessary for conviction under 18 U.S.C. Section 924(c).
The Fourth Circuit affirmed the district court’s ruling, but for different reasons. The court held that the elements of both VICAR assault and VICAR murder in this case include a mens rea more culpable than mere recklessness and that the mens rea of both VICAR crimes satisfies the mens rea element of a “crime of violence” in Section 924(c). A defendant who, as part of his role in a racketeering enterprise, commits an assault with a dangerous weapon or that results in serious bodily injury or commits second-degree murder, commits a crime of violence, as he used or threatened to use force against the person of another.
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