Eleventh Circuit Finds Georgia Malice Murder is Crime of Violence

The Eleventh Circuit has determined that Georgia’s malice murder statute qualifies as a crime of violence. “The Georgia malice murder statute states that ‘[a] person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.’ Because we have held that killing in such a manner necessarily entails the use of physical force against the person of another, we conclude that Georgia malice murder . . . is a crime of violence under Section 924(c)’s elements clause.”

The full text of Alvarado-Linares v. US can be found here:

https://media.ca11.uscourts.gov/opinions/pub/files/201914994.pdf

Ninth Circuit Finds that Federal Conviction for Second Degree Murder is Crime of Violence

The Ninth Circuit has determined that a federal conviction for second-degree murder qualifies as a crime of violence. In so doing, it determined that “reckless indifference” is a higher mens rea than “ordinary recklessness.”

The full text of United States v. Begay can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/05/14-10080.pdf

Ninth Circuit Finds that CA Murder is Overbroad and Divisible as an Aggravated Felony

The Ninth Circuit has determined that the California murder statute is overbroad when compared to the generic definition of murder because it includes murder of a fetus. However, the court determined that the statute is divisible between murder of a fetus and murder of a person, and therefore concluded under the modified categorical approach that the petitioner was convicted of an aggravated felony.

The full text of Gomez-Fernandez v. Barr can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/13/19-70079.pdf

Ninth Circuit finds that Federal Conviction for Second-Degree Murder is not Crime of Violence

The Ninth Circuit has determined that a conviction for second-degree murder under 18 U.S.C. §§ 1111 and 1153 is not a crime of violence under federal sentencing law because it can be committed recklessly (with a depraved heart mental state). Given the similar definitions of a crime of violence in the federal sentencing context and the immigration context, this case may have persuasive value in immigration litigation.

The full text of United State v. Begay can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/08/19/14-10080.pdf

Ninth Circuit Finds that WA 2nd Degree Murder is not Crime of Violence

The Ninth Circuit has determined that a Washington conviction for second-degree murder is not a crime of violence because Washington law imposes liability for negligent or even accidental felony murder. Thus, the statute is overbroad with respect to the generic definition of a crime of violence, which requires the intentional use of force. The court also determined that the statute is indivisible, and thus, the modified categorical approach cannot be used.

The full text of United States v. Vederoff can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/02/01/17-30096.pdf

Ninth Circuit Finds that WA Attempted First Degree Murder is a Crime of Violence

The Ninth Circuit has determined that a Washington conviction for attempted first degree murder is a crime of violence under the federal sentencing guidelines.  In so doing, the court affirmed that even a "slight, nonviolent act with the intent to cause another’s death"  would pose a threat of violent force sufficient to satisfy the definition of a crime of violence.  Given the similar definitions of a crime of violence in the sentencing guidelines and the Immigration and Nationality Act, this decision could have persuasive impact in immigration proceedings.

The full text of US v. Studhorse II can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/03/02/16-30299.pdf

Eighth Circuit finds that Iowa Attempted Murder Conviction is a Crime of Violence

The Eighth Circuit has determined that an Iowa conviction for attempted murder is a crime of violence.  In so doing, the court rejected the defendant's argument that the statute, which criminalizes any act that the defendant believes will set into motion a chain of events causing the death of another, was overbroad because it encompassed acts of omission.  The court determined that even an act of omission under the statute involved the use of force.  Given the similarity between the definition of a crime of violence in the sentencing context and the immigration context, this decision could have persuasive value in the immigration context.

The full text of United States v. Peeples can be found here:

http://media.ca8.uscourts.gov/opndir/18/01/164039P.pdf

Ninth Circuit Finds that CA Second Degree Murder Conviction is an Aggravated Felony

The Ninth Circuit has determined that a petitioner who was convicted in California of second degree murder under an aiding and abetting theory has been convicted of an aggravated felony.  The court relied on the Supreme Court's 2007 decision in Gonzalez v. Duenas-Alvarez, finding that there have been no material changes to California's aiding and abetting case law.

The full text of Sales v. Sessions can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/18/15-70885.pdf