Whether an 18 U.S.C. § 1959(a) (VICAR) offense constitutes the "crime of violence" predicate necessary to support a § 924(c) conviction following this Court's holdings in Davis and Borden requires the court to "look through" to the state or federal statute underpinning the VICAR offense and assess whether the underlying statute categorically requires the intentional or knowing use of violent force, as required by Borden, or whether, instead, the court can impute the required mens rea from VICAR's purpose element, and thus satisfy Borden without considering the state or federal statute defining the VICAR offense at all.
Whether a federal court can 'look through' a VICAR offense to assess the underlying statute's mens rea requirement consistent with the Supreme Court's ruling in Borden