United States Ninth Circuit

A conviction and sentence for violence in aid of a racketeering enterprise (VICAR), use of a firearm in a crime of violence, and possession of a firearm by a convicted felon is affirmed in part, but reversed in part as to the VICAR conviction where the district court erred by instructing the jury that it could convict defendant under the VICAR statute if it found that any element of his motivation in assaulting a rival gang member was to maintain his membership in his gang.

Appellate Information

• Argued 10/18/2006
• Decided 10/25/2007
• Published 10/25/2007

Judges

• Before:  J. CLIFFORD WALLACE, ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard F. Cornell, Law Office of Richard F. Cornell, Reno, NV, for appellant Leland Devine Banks.


• For Appellees:
  
• Russell E. Marsh, Assistant United States Attorney, United States Attorney's Office, Las Vegas, NV, for the appellee.