Ninth Circuit Rejects “Crime of Violence” Classification for Solicitation
The U.S. 9th Circuit Court of Appeals ruled in a unanimous decision this week that soliciting a murder-for-hire does not categorically qualify as a “crime of violence” under federal law. The three-judge panel vacated two felony convictions related to a North Dakota oil industry murder conspiracy, concluding that the federal solicitation statute does not require proof that a defendant specifically intended for the victim to die, even if a death ultimately occurs.
The Fatal Logic of the Henrikson Conspiracy
The appellate court’s decision stems from the case of James Henrikson, a North Dakota trucking and drilling magnate. Henrikson was convicted of conspiring to hire Timothy Suckow to commit multiple violent acts, including the fatal beating of an employee with a tire jack and the shooting death of a co-investor.
While the violence was undisputed, the court focused on the legal definition of “solicitation” under federal statute. The judges determined that a conviction for solicitation does not require the government to prove the defendant intended for the target to die—only that the defendant took steps to commission the act. The panel illustrated this by noting that a person who lures a victim into a vehicle and negligently causes a fatal crash could technically meet the “if death results” element of the offense without the specific intent to kill. Because the statute allows for convictions based on accidental or unintended deaths, the court ruled it cannot be classified as a categorical “crime of violence.”
A Growing Split in Federal Appellate Precedent
This ruling places the 9th Circuit at odds with the 4th Circuit Court of Appeals. In 2021, the 4th Circuit reached the opposite conclusion in a separate murder-for-hire case, ruling that if a defendant enters a conspiracy with the intent that a murder be committed for money, they have acted with the specific intent to bring about the victim’s death.
The 9th Circuit panel rejected the 4th Circuit’s logic, arguing that recent Supreme Court precedents make it inappropriate to infer specific intent for a result—such as a death—solely from the act of entering into a contract. According to the 9th Circuit, the statutory requirements for solicitation are distinct from the actualized violence, preventing the crime from being categorized as inherently violent under current federal sentencing guidelines.
Henrikson Remains Behind Bars Despite Vacated Counts
Despite the court vacating the two felony convictions, the ruling will not result in a shorter prison term for Henrikson. He is currently serving two consecutive life sentences for other charges related to the same conspiracy. The court’s decision effectively addresses the interpretation of the federal solicitation statute but does not alter the total time Henrikson is required to serve behind bars.
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