Santiago v. United States

Background

Jose M. Santiago pleaded guilty in 2000 to three charges arising from the killing of Efraim Torres: conspiracy to murder in aid of racketeering, murder in aid of racketeering, and using, carrying, and possessing a firearm in furtherance of a crime of violence. The firearm charge was based on both of the murder-related charges. The court sentenced Santiago to 50 years in prison: 10 years on the conspiracy count, 45 years on the murder count, and five consecutive years on the firearm count.

Santiago’s Motion

Santiago filed a motion under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to challenge a conviction or sentence. He argued that his firearm conviction should be vacated because neither predicate offense qualified as a “crime of violence” under 18 U.S.C. § 924(c)’s force clause. The force clause covers offenses that require the use, attempted use, or threatened use of physical force against another person.

Court’s Analysis

The court explained that the firearm conviction rested on two predicate offenses, including murder in aid of racketeering under 18 U.S.C. § 1959(a)(1). It relied on Second Circuit precedent holding that this offense is categorically a crime of violence under § 924(c)(3)(A)’s force clause when, as here, the underlying violent crime is second-degree murder under New York Penal Law § 125.25. Because the murder offense provided a valid predicate for the firearm conviction, the court denied Santiago’s challenge.

Disposition

The court denied Santiago’s motion and dismissed his petition. It declined to issue a certificate of appealability because Santiago had not made a substantial showing that a constitutional right was denied. The court also found under 28 U.S.C. § 1915(a)(3) that an appeal from the order denying the motion would not be taken in good faith.