United States v. Taison McCollum
885 F.3d 300
| 4th Cir. | 2018Background
- Defendant Taison McCollum pleaded guilty to being a felon in possession of a firearm (18 U.S.C. § 922(g)).
- Presentence report listed two prior convictions as "crimes of violence" under U.S.S.G. § 2K2.1: a state aggravated manslaughter conviction and a federal conviction under 18 U.S.C. § 1959(a)(5) for conspiracy to commit murder in aid of racketeering.
- The district court rejected the manslaughter predicate but treated the § 1959(a)(5) conspiracy conviction as a crime of violence, resulting in an elevated Guidelines base offense level.
- McCollum challenged the enhancement, arguing § 1959(a)(5) conspiracy is broader than the generic offense because it does not require an overt act; under the categorical approach that disqualifies it as a categorical "crime of violence."
- The Fourth Circuit majority applied the categorical approach to federal predicate offenses and held § 1959(a)(5) conspiracy is not categorically a crime of violence because it lacks an overt-act element required by the generic definition of conspiracy; judgment vacated and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument (McCollum) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether the categorical approach applies to federal predicate offenses listed in the Guidelines | Categorical approach applies; must compare elements and § 1959(a)(5) lacks the overt-act element | Should not apply to federal predicates or, if applied, Commission intended to include violent federal conspiracies regardless | Majority: Categorical approach applies to federal statutes for § 4B1.2 analysis |
| Whether the generic definition of conspiracy includes an overt-act requirement | McCollum: Generic conspiracy requires an overt act (survey of jurisdictions supports this) | Government: Generic (and common-law) conspiracy does not require an overt act; many federal conspiracies lack one | Majority: Generic conspiracy requires an overt act (consensus of jurisdictions) |
| Whether § 1959(a)(5) conspiracy is categorically a "crime of violence" under U.S.S.G. § 4B1.2 | McCollum: It is not categorical because § 1959(a)(5) lacks overt-act element and is broader than generic conspiracy | Government: The commentary includes "conspiring to commit" enumerated offenses; plain meaning and context indicate inclusion | Held: § 1959(a)(5) is not categorically a crime of violence because it criminalizes conduct broader than the generic conspiracy (no overt-act element) |
| Whether the Guidelines commentary can expand § 4B1.2 or render conspiracy a crime of violence despite statutory differences | McCollum (alternative): Commission cannot use commentary to alter the text | Government: Commentary reflects Commission intent to include conspiracies to violent crimes | Court: Did not reach alternative commentary-abuse argument because categorical analysis resolved the case |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (establishes the categorical approach and use of the generic, contemporary meaning of enumerated offenses)
- United States v. Dozier, 848 F.3d 180 (4th Cir. 2017) (inchoate offenses listed in the commentary must be analyzed separately from the object offense)
- United States v. Rangel-Castaneda, 709 F.3d 373 (4th Cir. 2013) (multijurisdictional survey establishes the generic meaning of offenses)
- United States v. Etienne, 813 F.3d 135 (4th Cir. 2015) (interpreting INA conspiracy and application of common-law meaning in that context)
- United States v. Perez-Perez, 737 F.3d 950 (4th Cir. 2013) (framework for the four-part categorical inquiry)
- United States v. Salmons, 873 F.3d 446 (4th Cir. 2017) (de novo review whether prior conviction qualifies as a crime of violence)
- United States v. Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014) (survey of federal statutes showing many federal conspiracy provisions lack an overt-act requirement)
- United States v. Garcia-Santana, 774 F.3d 528 (9th Cir. 2014) (held overt act is an element of the generic definition of conspiracy)