What is the test for maintaining or increasing the likelihood of a violent crime under section 1959 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S. v. Locascio, 6 F.3d 924 (2nd Cir. 1993):
18 U.S.C. Sec. 1959(a) (emphasis added). The "maintaining or increasing" requirement is given its ordinary meaning and is "satisfied if the jury could properly infer that the defendant committed his violent crime because he knew it was expected of him by reason of his membership in the enterprise or that he committed it in furtherance of that membership." United States v. Concepcion, 983 F.2d 369, 381 (2d Cir.1992).
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