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

Comment