United States v. Capers, No. 17-1836 (2d Cir. 2021)
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Defendant appealed his 42 year sentence imposed after his conviction by a jury of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to distribute narcotics, and murder through the use of a firearm during a crime of violence or drug trafficking crime. Defendant also appealed his convictions on the racketeering and firearm charges.
The Second Circuit agreed with defendant that, under binding precedent from the Supreme Court, RICO conspiracy is not a crime of violence for purposes of 18 U.S.C. 924(j). The court explained that, because it is unclear whether the jury based its decision to convict defendant of the firearm-murder offense on the erroneous belief, in light of the trial court's instruction, that RICO conspiracy is such a crime, defendant's conviction of that offense must be vacated. The court otherwise affirmed the district court's judgment and remanded for further proceedings.
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