Does a VICAR murder conviction based on California second-degree murder constitute a crime of violence?

QUESTIONS PRESENTED 1. Does a VICAR murder conviction, which is in turn based upon a second-degree murder under California law, constitute a categorical crime of violence for purposes of a related conviction under 18 U.S.C. § 924()? 2. Did the United States Court of Appeals for the Ninth Circuit act capriciously in refusing to consider the merits of the question set forth above, and instead rule that the question was not fairly presented in the parties’ briefing? i LIST OF ALL PARTIES The caption of the case in this Court contains the names of all parties (petitioner and the United States). ii