Background
James Terry Henrikson was convicted in federal court for soliciting the murder of business associates. He filed a motion to vacate his convictions under the federal habeas statute, arguing that the underlying murder-for-hire offense is not a crime of violence. The district court had already vacated two counts where no death occurred but upheld two counts where death resulted, relying on prior Ninth Circuit precedent.
The court’s reasoning
The panel applied the modified categorical approach to determine if the murder-for-hire statute qualifies as a crime of violence. The court assumed the death-results element satisfied the physical force requirement but found it failed the mens rea requirement. The court held that Congress intentionally omitted a mens rea requirement for the death-results element, meaning a defendant could be convicted based on an accidental killing. Consequently, the statute does not always require proof of purposeful or knowing conduct regarding the use of force.
What it means going forward
Defendants convicted of soliciting murder-for-hire where death resulted may now seek to vacate those convictions if the underlying murder-for-hire statute is not categorically a crime of violence.