Seventh Circuit Certifies Case Involving KY Receipt of Stolen Property Conviction to KY Supreme Court

The Seventh Circuit has certified the following question to the Kentucky Supreme Court: does Section 514.110 of Kentucky law (receipt of stolen property) requires something less than a subjective knowledge or belief that the property was stolen? More specifically, could a Kentucky jury convict a defendant under Section 514.110 merely by finding that a reasonable person would have known the property was stolen, even absent any evidence that the defendant deliberately avoided that knowledge? The answers to these questions will inform whether the conviction qualifies as an aggravated felony for immigration purposes.

The full text of Hassan v. Bondi can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D03-16/C:25-1049:J:Scudder:aut:T:op:N:3507655:S:0

Sixth Circuit Finds that Kentucky First-Degree Burglary Conviction is not Crime of Violence

The Sixth Circuit has determined that a Kentucky conviction for first-degree burglary is not a crime of violence because it encompasses flight from a scene while armed, which does not necessarily involve the threat of physical force against others.

The full text of United States v. Reed can be found here: https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0357p-06.pdf

Sixth Circuit Finds that Kentucky Second Degree Manslaughter is not Violent Felony

The Sixth Circuit has determined that a Kentucky conviction for second degree manslaughter is not a violent felony because it criminalizes reckless conduct. The court also implied that the same analysis would apply to Kentucky’s murder statute.

The full text of United States v. Tooley can be found here: https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0292p-06.pdf

The Seventh Circuit Finds that KY Conviction for Complicity to Robbery in the First Degree is COV

The Seventh Circuit has determined that a Kentucky conviction for complicity to robbery in the first degree is a crime of violence. In so doing, the court concluded that Kentucky’s complicity statute is a categorical match for generic aiding-and-abetting liability; that Kentucky’s first-degree robbery statute requires sufficient force to overcome the victim’s will; and that the robbery statute requires that an individual use force with the specific intent to accomplish theft.

The full text of Mwendapeke v. Garland can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023/D12-07/C:22-2383:J:Brennan:aut:T:fnOp:N:3140778:S:0