MEMORANDUM AND ORDER Defendants Melvi Amador-Rios, Josue Leiva, and Luis Rivas are charged with various crimes relating to their alleged participation in La Mara Salvatrucha, commonly known as “MS-13.” They seek to dismiss several counts that charge using, carrying, or possessing firearms in connection with, or in furtherance of, crimes of violence. See 18 U.S.C. §924(c). They argue that the alleged crimes of violence serving as predicate offenses for those counts — racketeering, violent crimes in aid of racketeering, and Hobbs Act robbery — are not actually crimes of violence under 18 U.S.C. §924(c)(3). For the reasons explained below, the motion is denied. BACKGROUND The defendants are charged in eighteen counts with various offenses relating to their alleged participation in the MS-13 gang. See Third Superseding Indictment (“Indictment”) (Dkt. #60). As relevant to this motion, each defendant is charged in Count One with racketeering. Id. at 9. As racketeering acts, the indictment alleges that all defendants committed murder, in violation of New York Penal Law §§125.25(1) and 20.00; conspiracy to murder, in violation of New York Penal Law §§125.25(1) and 105.15; and Hobbs Act robbery, in violation of 18 U.S.C. §§1951(a) and 2. Id. at
10-21. The indictment also charges Amador-Rios with the additional racketeering act of attempted murder, in violation of New York Penal Law §§125.25(1), 110.00, and 20.00. Id. at 12. In Count Two, each of the moving defendants is charged with using, carrying, or possessing a firearm in connection with, or in furtherance of, the crime of violence charged in Count One, in violation of 18 U.S.C. §924(c). Id. at 22. Count Six is a Section 924(c) count predicated on violations of the violent crimes in aid of racketeering (“VICAR”) statute, 18 U.S.C. §1959. Amador-Rios is charged in Count Four with violating the VICAR statute through an assault with a deadly weapon, in violation of New York Penal Law §§120.05(2) and 20.00, and an assault resulting in serious bodily injury, in violation of New York Penal Law §§120.05(1) and 20.00. Id. at 27. Amador-Rios is also charged in Count Five with violating the VICAR statute through an attempted murder, in violation of New York Penal Law §§125.25(1), 110.00, and 20.00. Id. at 29. Count Six then charges Amador-Rios with using, carrying, or possessing a firearm in connection with, or in furtherance of the crimes of violence in Counts Four and Five, in violation of 18 U.S.C. §924(c). Id. at 30. All three defendants are also charged with using, carrying, or possessing firearms in connection with, or in furtherance of Hobbs Act robbery. See id. at
