Whether a VICAR assault can qualify as a 'crime of violence' if the underlying assault does not satisfy 18 U.S.C. § 924(c)'s definition

QUESTION PRESENTED To secure a conviction under the federal VICAR assault statute, the government must prove, as one element of the offense, that the defendant committed an assault “in violation of the laws of any State or the United States.” 18 U.S.C. § 1959(a)(3). The question presented, which divides the circuits, is: Ifa VICAR assault is predicated on an underlying state or federal assault offense that does not satisfy 18 U.S.C. § 924(c)’s “crime of violence” definition, can the VICAR assault still qualify as a “crime of violence” under that same definition? i STATEMENT OF RELATED CASES There are no related cases. ii