Whether the purpose element of the VICAR offense, 18 U.S.C. § 1959, requires the government to prove that the motive was a but-for cause of the violent crime

QUESTION PRESENTED The Violent Crimes in Aid of Racketeering Activity (“VICAR”) offense applies to a defendant who commits certain enumerated crimes of violence “for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity... .” 18 U.S.C. § 1959. The Ninth Circuit has held that the government only needs to prove that such a motive was a “substantial” purpose of the defendant’s violent crime, see United States v. Rodriguez, 971 F.3d 1005, 1010-11 (9" Cir. 2020), while the Sixth Circuit, in an opinion written by Judge Sutton, has held that Burrage v. United States, 571 U.S. 204 (2014) requires the government to prove a similar motive element was the butfor cause of a defendant’s violent crime. See United States v. Miller, 767 F.3d 585, 591-92 (6" Cir. 2014). The question presented is: Whether the purpose element of the VICAR offense, 18 U.S.C. § 1959, requires the government to prove that the motive was a butfor cause of the violent crime. i STATEMENT OF RELATED CASES . United States v. Rondale Young, No. 10CR00923-SJO, U.S. District Court for the Central District of California. Judgment entered November 18, 2019. . United States v. Rondale Young, No. 19-50355, U.S. Court of Appeals for the Ninth Circuit. Judgment entered July 28, 2021, rehearing and rehearing en banc denied October 1, 2021. i