UNITED STATES OF AMERICA v. TAISON MCCOLLUM
US Court of Appeals for the Fourth Circuit, Duncan, March 20, 2018,
USSG – Conspiracy to Murder to assist Racketeering is not a Crime of Violence under the US Sentencing Guidelines

(SHARP Dissent – Wilkinson – “The majority has ignored plain Guidelines text, its own prior precedent, and elementary common sense… Heaven help us.”)
(Concur – Traxler – “The dissent ends with the dramatic lament, “Heaven help us.” Frankly, I would be satisfied if Congress or the Supreme Court would help us.”)

USSG – Crime of Violence – (a) The term “crime of violence” means any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that—
(1) has as an element the use, attempted use, or threatened use of physical force against the person of another, or
(2) is murder, voluntary manslaughter, kidnapping, aggravated assault, a forcible sex offense, robbery, arson, extortion, or the use or unlawful possession of a firearm or explosive material.

Crime of Violence – “Crime of violence” includes the offense of aiding and abetting, conspiring, and attempting to commit the offense

Conspiracy to commit murder – Conspiracy to commit murder in aid of racketeering is different than conspiracy generally.

Conspiracy (Federal) – conspiracy generally requires an “overt act” in furtherance of the conspiracy

Conspiracy to commit murder – Conspiracy to commit murder in aid of racketeering does not require an “overt act” and is complete when the co-conspirators agree to commit the crime

From the case: Because 18 USC 1959(a)(5) does not require an overt act, it criminalizes a broader range of conduct than that covered by generic conspiracy. McCollum’s § 1959(a)(5) conviction therefore cannot support his enhanced sentence because it is not categorically a crime of violence.