United States v. Rollness
Opinion of the Court
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.
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 sentencing). 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 the statute has been rejected by two of our sister circuits. See United States v. James, 239 F.3d 120, 126-27 (2d Cir. 2000); United States v. Carson, 455 F.3d 336, 385 n. 44 (D.C.Cir. 2006) (adopting James ’ holding without further analysis).
Rollness contends that the “rule of lenity” should lead us to reject the Second Circuit’s interpretation of the VICAR statute. Given the absurd results that would flow from the interpretation of § 1959(a)(1) that Rollness urges, however, “[w]e find no ambiguity requiring lenity.” United States v. Alfeche, 942 F.2d 697, 699 (9th Cir. 1991); see id. (“Because the meaning of language is inherently contextual, we have declined to deem a statute ambiguous for purposes of lenity merely because it was possible to articulate a construction more narrow than that urged by the government.”) (quoting Moskal v. United States, 498 U.S. 103, 108, 111 S.Ct. 461, 112 L.Ed.2d 449 (1990)). Accordingly, we join the Second and D.C. Circuits in holding that § 1959(a)(1) imposes a minimum sentence of life imprisonment for VICAR murder.
AFFIRMED.
. 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.
Concurring Opinion
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).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Rodney Lee ROLLNESS, Defendant-Appellant
- Cited By
- 4 cases
- Status
- Published