Rollness

Pursuant to a jury trial, Rodney Lee Rollness, a former member of the Washington Nomads chapter of the Hells Angels, was convicted under the Violent Crime in Aid of Racketeering (VICAR) statute, 18 U.S.C. § 1959 , for the murder of Michael Walsh. The district court sentenced Rollness to life imprisonment, which it determined to be the minimum sentence required under 18 U.S.C. § 1959 (a)(1) for murder in aid of racketeering (“VICAR murder”). On appeal, Rollness contends that the district court was free under § 1959(a)(1) to impose a minimum sentence of a fine, without any term of imprisonment, for VICAR murder. 1 We disagree, and hold that VICAR murder carries a statutory minimum sentence of life imprisonment.

DISCUSSION

The VICAR statute provides, in relevant part, that whoever commits murder “for the purpose of ... maintaining or increasing position in an enterprise engaged in racketeering activity ... shall be punished ... by death or life imprisonment, or a fine under this title, or both.” 18 U.S.C. § 1959 (a)(1); see United States v. Banks, 514 F.3d 959, 964 (9th Cir.2008) (describing “the elements required for a conviction” under the VICAR statute, but not discussing…

concurring:

Alternately, we can affirm because the district court found that even if it could impose just a fine, a fine would not be appropriate in this case. The sentence imposed was certainly reasonable. See United States v. Carty, 520 F.3d 984 (9th Cir.2008).

DISCUSSION

[1] The VICAR statute provides, in relevant part, that who- ever commits murder “for the purpose of . . . maintaining or increasing position in an enterprise engaged in racketeering activity . . . shall be punished . . . by death or life imprison- ment, or a fine under this title, or both.” 18 U.S.C. § 1959(a)(1); see United States v. Banks, 514 F.3d 959, 964 1 Rollness was found guilty of multiple offenses in addition to VICAR murder, including participation in a Racketeer Influenced and Corrupt Organization (“RICO”), in violation of 18 U.S.C. § 1962(c) and RICO conspiracy, in violation of 18 U.S.C. § 1962(d). He raises several other arguments challenging his conviction and sentence for these offenses, which we address in a concurrently filed memorandum disposition. 3984 UNITED STATES v. ROLLNESS (9th Cir. 2008) (describing “the elements required for a con- viction” under the VICAR statute, but not discussing sentenc- ing). Rollness contends that under the plain language of this statute, a district court is free to punish VICAR murder with a sentence of (1) death and a fine, (2) life imprisonment and a fine, or (3) a fine only. This interpretation of…