United States v. McCollum, No. 17-4296 (4th Cir. 2018)
Annotate this CaseThe Fifth Circuit vacated defendant's conviction and sentence for possession of a firearm by a convicted felon. The district court applied a sentencing enhancement under USSG 2K2.1(a)(4)(A) based on defendant's prior conviction under 18 U.S.C. 1959(a)(5) for conspiracy to commit murder in aid of racketeering. The court held that conspiracy under section 1959(a)(5) did not require an overt act and was therefore broader than generic conspiracy. Therefore, defendant's section 1959(a)(5) conviction could not support his enhanced sentence because it was not categorically a crime of violence.
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