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.