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: