What is the test for a conspiracy to commit a crime of violence under RICO?

MultiRegion, United States of America

The following excerpt is from United States v. Capers, 17-1836-cr (2nd Cir. 2021):

The government's position is unsustainable. The categorical approach directs us that to determine whether an offense constitutes a crime of violence, we are to consider not the particular conduct disclosed by the evidence presented in the case, but the elements of the offense as defined by statute, to determine whether forcible conduct is legally required to be proved in order to establish a violation of the statute. See United States v. Hill, 890 F.3d 51, 55 (2d Cir. 2018). In contrast to a substantive violation of RICO under 18 U.S.C. 1962(c), which requires proof of the commission of specifically listed state or federal crimes (some of which are categorically violent crimes) as part of a "pattern of racketeering" in the course of conducting the affairs of an enterprise, a RICO conspiracy offense under 1962(d) requires only that a defendant "conspire" - in other words, agree - to violate one of RICO's substantive prohibitions.

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