gang-related offense
(3) Gang-related offense (A) In general The term “gang-related offense” means an offense that involves the circumstances described in subparagraph (B) and that is— (i) a Federal or State felony involving a controlled substance (as defined in section 802 of title 21 ) for which the maximum penalty is not less than five years; (ii) a Federal or State crime of violence that has as an element the use or attempted use of physical force against the person of another for which the maximum penalty is not less than six months; or (iii) a conspiracy to commit an offense described in clause (i) or (ii). (B) Circumstances The circumstances described in this subparagraph are that the offense described in subparagraph (A) was committed by a person who— (i) participates in a criminal street gang (as defined in section 521(a) of title 18 ) with knowledge that such gang’s members engage in or have engaged in a continuing series of offenses described in subparagraph (A); and (ii) intends to promote or further the felonious activities of the criminal street gang or maintain or increase the person’s position in the gang.