United States v. Jefferson, No. 21-1617 (6th Cir. 2023)
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Two gangsters convicted under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-68, challenged their convictions and sentences, raising an unprecedented legal theory—that district courts must apply the “categorical approach” to determine whether a state law crime qualifies as a predicate for “racketeering activity” under section 1961(1)(A). They argued that because Michigan’s robbery statute is categorically broader than generic robbery, the jury’s special verdict that found robbery as a predicate racketeering activity did not establish generic robbery.
The Sixth Circuit rejected their argument and affirmed. Under RICO, “racketeering activity means any act or threat involving … robbery …, which is chargeable under State law and punishable by imprisonment for more than one year.” This encompasses more conduct than defined by Michigan’s statute, not less. The language refers unequivocally to the defendant’s conduct, not the state law or the elements of the state statute. Section 1961(1)(A) does not require a conviction or even require evidence sufficient for a conviction; it requires conduct that is chargeable under state law.
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