VICAR Assault With a Deadly Weapon is 924(c) Crime of Violence

US v. Thomas: Thomas pleaded guilty to racketeering and possessing a firearm in connection with a crime of violence, VICAR assault with a deadly weapon. In the wake of Johnson and subsequent cases he filed a 2255 motion challenging his firearm conviction on the ground that VICAR assault no longer qualified as a crime of violence under 18 USC 924(c). The district court denied the motion.

On appeal, the Fourth Circuit affirmed. The court noted that one of the elements of VICAR assault with a deadly weapon is that “the defendant have committed an assault with a deadly weapon” and that the court’s “precedents establish that the inclusion of a dangerous-weapon element . . . elevates an assault to a crime of violence.” It rejected Thomas’ argument that it should also look to the underlying state offenses that were included in the VICAR definition.