Conspiracy to Commit Murder Not ‘Crime of Violence’

The federal crime of conspiracy to commit murder in aid of racketeering isn’t a crime of violence that can be used to enhance a defendant’s sentence, the U.S. Court of Appeals for the Fourth Circuit said March 20.

The sentencing guidelines allow enhancement for conspiracy to commit a crime of violence, including murder. But the enhancement requires an overt act toward completion of the conspiracy, the opinion by Judge Allyson K. Duncan said.

Because conspiracy to commit murder in aid of racketeering doesn’t require an overt act, it is broader than generic conspiracy and doesn’t qualify as a crime of ...