Intentional Murder Is VICAR “Crime of Violence”

US v. Tipton: In 1992, Tipton and Roane were convicted of multiple offenses related to a “rampage of . . . racketeering activity” that included several “firearm-related murders.” Among the offenses they were convicted of were charges for using a firearm in relation to a “crime of violence” or “drug trafficking crime.” In total, 13 of 24 charges against Tipton and 9 of the 11 charges against Roane were identified as predicate offenses for the firearm offenses. In the wake of the Supreme Court’s decisions in Davis and Borden, Tipton and Roane received permission to file successive §2255 motions challenging the firearm convictions, which the district court denied.

On appeal, the Fourth Circuit affirmed the denial of Tipton and Roane’s §2255 motions. Ultimately, the issue came down to whether murder committed in aid of racketeering (“VICAR murder”) remained a crime of violence, as “it is the only predicate offense underlying each and every one of the” firearm charges. The court concluded that it was. After first holding that the record showed that the VICAR offense at issue was murder itself, rather than conspiracy, the court went on to conclude that the elements of the offense require that there must be an “intentional murder” and, therefore, the use of violent force. Therefore, it is a crime of violence. Finally, the court concluded that Tipton and Roane could not show that there was a “more than a reasonable probability” that their firearm conviction “rested solely on some other, invalid predicate offense.”