Case Explained: USA V. HENRIKSON

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-15

Docket: 2:14-cr-00124-

The Ninth Circuit affirmed in part and reversed in part the district court’s ruling on James Terry Henrikson’s motion under 28 U.S.C. § 2255 to vacate his convictions for solicitation to commit a crime of violence in violation of 18 U.S.C. §§ 373(a) and 1958(a). The court affirmed the district court’s decision to vacate Henrikson’s convictions on Counts 9 and 10, which involved solicitations that did not result in death, relying on *United States v. Linehan* to confirm that such violations are not categorically crimes of violence. However, the court reversed the district court’s denial of relief regarding Counts 7 and 8, which were based on solicitations resulting in death, holding that these convictions must also be vacated. The court applied the modified categorical approach to determine whether a violation of 18 U.S.C. § 1958(a) resulting in death qualifies as a “crime of violence” under the elements clause of 18 U.S.C. § 373(a). While assuming without deciding that the death-results element satisfies the physical force requirement, the court held that it does not satisfy the requisite mens rea. The panel concluded that Congress intentionally omitted a mens rea requirement for the “if death results” element in § 1958(a), meaning a defendant can be convicted under this statute even if the death was accidental or resulted from negligence. Because the statute encompasses conduct lacking the purposeful, knowing, or extremely reckless mental state required for a crime of violence, the court declined to adopt the Fourth Circuit’s “realistic probability” test and ruled that § 1958(a) resulting in death is not categorically a crime of violence. The court also addressed the concurrent sentence doctrine, exercising its discretion to review the merits of the appeal despite the sentences running concurrently with unchallenged life terms, as declining review would not advance judicial economy given the district court’s prior resolution on the merits and full briefing by both parties. As a practical consequence, the Ninth Circuit remanded the case to the district court with specific instructions to vacate Henrikson’s convictions on Counts 7 and 8. This ruling grants Henrikson relief regarding all four solicitation convictions, effectively removing the predicate offenses that supported his § 2255 claim for innocence.

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