The Ninth Circuit has determined that a federal conviction for assaulting a mail carrier with intent to steal mail, while placing the mail carrier’s life in jeopardy by the use of a dangerous weapon, is a crime of violence. “The ‘use of a dangerous weapon,’ especially when deployed to put the victim’s life in jeopardy, reflects force that is capable of causing death or serious injury.“
The court noted that the crime of assaulting a mail carrier is divisible. “§ 2114(a) is divisible into basic and aggravated offenses—a point on which the parties agree. The basic offense, punishable by ‘not more than ten years,’ is contained in the clause preceding the semicolon. That crime consists of assaulting any person with custody or control of mail matter or other government property with intent to steal the property, or otherwise attempting or successfully robbing the person of the property. The aggravated offense, which follows the semicolon, carries a term of imprisonment of ‘not more than twenty-five years.’ That crime consists of the basic offense committed in one of three aggravated ways: (1) wounding the person with custody or control of mail matter or other government property; (2) placing the person’s ‘life in jeopardy by the use of a dangerous weapon’; or (3) committing a subsequent offense under § 2114(a).”
The court also concluded that the aggravated offense is itself divisible. “Here, the second clause of § 2114(a) presents disjunctive elements, not alternative factual means of committing a single offense. A person commits the aggravated offense under § 2114(a) and exposes himself to an extra fifteen years’ imprisonment if he ‘wounds the person having custody of such mail, money, or other property of the United States, or puts his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense.’ In context, the three items in the aggravated clause are substantively different elements concerning different conduct and involving different proof.”
The full text of US v. Buck can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/01/11/18-17271.pdf