Is murder in aid of racketeering (VICAR murder) an indivisible offense requiring a categorical analysis based on the generic federal definition of murder or a divisible offense to which the modified categorical approach applies for crime of violence predicate analysis under 18 U.S.C. § 924(c)(8)(A)?

QUESTION PRESENTED The Court’s jurisdiction is respectfully invoked to answer a question on which the circuit courts of appeals are split: Is murder in aid of racketeering (“VICAR murder’), in violation of 18 U.S.C. § 1959(a)(1), an indivisible offense requiring a categorical analysis based on the generic federal definition of murder or a divisible offense to which the modified categorical approach applies for crime of violence predicate analysis under 18 U.S.C. § 924(c)(8)(A)? The Congressional Record is clear that Congress intended the generic definition of murder to apply to prosecutions under § 1959. Yet, the circuits are split on the application of § 1959 as a crime of violence predicate. Some circuits, including the Sixth and the Ninth, perform a categorical analysis, looking to the generic federal definition of murder. Others, including the First and Second, perform a modified categorical analysis, looking to the elements of the charged state offense predicate. Courts in the Tenth Circuit say that a conviction under § 1959 must satisfy both the federal and the state definition of the charged crime. The Fourth Circuit disclaims application of the categorical approach altogether. The Court’s guidance is urgently needed to ensure uniformity in the application of federal law. ;