United States v. Charles States, 72 F.4th 778

Charles States was a member of the "Carman Brothers Crew" in July–August 2001 and participated principally in kidnappings/extortion, while also engaging in some drug-trafficking activity (e.g., cooking cocaine to cocaine base).
In July 2001 States and a coconspirator kidnapped Ramon, beat and threatened him, and extorted 5.5 kg of cocaine and three firearms (States received 1 kg); in August 2001 States participated in three additional kidnappings and thefts.
On October 9, 2002 FBI and Chicago police executed a warrant at States’s apartment; States fired through the door, hitting an officer’s finger and causing a surgically treated injury; he was arrested.
States was indicted on 12 counts and convicted in 2005, including three consecutive § 924(c) convictions; after collateral litigation one § 924(c) conviction (predicated on extortion) was vacated and the district court resentenced him in 2022 to an aggregate 30-year term.
On this appeal States challenges (1) the validity of his § 924(c) conviction predicated on attempted murder of a federal officer (18 U.S.C. §§ 1113–1114) after United States v. Taylor, and (2) the district court’s refusal to group his drug-trafficking counts and the Ramon kidnapping counts under U.S.S.G. § 3D1.2(c).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether attempted murder of a federal officer is a "crime of violence" under § 924(c)(3)(A)	Attempted murder requires intent to commit each element plus a substantial step; murder necessarily involves force, so attempted murder satisfies the elements clause and qualifies as a crime of violence.	Taylor held that attempt crimes are not crimes of violence; Taylor abrogates Hill, so attempted murder cannot serve as a § 924(c) predicate.	Court: Taylor is limited to attempts at crimes that can be completed by threats; Hill’s reasoning that an attempt is an attempt to commit each element remains good law. Attempted murder requires attempted use of force and thus qualifies under § 924(c)(3)(A). Conviction affirmed.
Whether the district court erred by failing to group Count Group 1 (drug-trafficking) and Count Group 2 (Ramon kidnapping) under U.S.S.G. § 3D1.2(c)	Counts should group because the kidnapping was undertaken to further the drug conspiracy and the conduct substantially overlaps in timing and purpose.	Counts are not "closely related" under Application Note 5; the drug conspiracy involved broader, distinct conduct and diffuse societal harm, while the kidnapping was a discrete, targeted harm to a single victim.	Court: Counts are not closely related; harms, victims, time periods, and conduct differ. Refusal to group was correct.

United States v. Taylor, 142 S. Ct. 2015 (Supreme Court) (held attempted Hobbs Act robbery is not a "crime of violence" under § 924(c) because an attempt can be to threaten force)
Hill v. United States, 877 F.3d 717 (7th Cir. 2017) (held attempted murder is treated as attempt to commit each element of murder and is a crime of violence; part of its reasoning limited by Taylor)
Johnson v. United States, 576 U.S. 591 (2015) (invalidated ACCA residual clause)
United States v. Davis, 139 S. Ct. 2319 (2019) (invalidated the residual clause of § 924(c))
United States v. Worthen, 60 F.4th 1066 (7th Cir. 2023) (confirmed completed Hobbs Act robbery is a crime of violence)
Gamboa v. Daniels, 26 F.4th 410 (7th Cir. 2022) (discusses divisible statutes and the modified categorical approach)