These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
crime of violence
The Eleventh Circuit has affirmed in part and vacated in part a sentence for a felon-in-possession conviction. The Court found no plain error in treating Florida attempted carjacking as a crime of violence for guideline purposes, relying on Florida robbery and carjacking precedent and the Sentencing Commission’s treatment of attempts.
The full text of United States v. Irons can be found here: https://media.ca11.uscourts.gov/opinions/pub/files/202412112.pdf
The First Circuit has determined that Massachusetts carjacking does not categorically qualify as a crime of violence under the career-offender guideline. The defendant challenged his enhanced sentence, arguing that the Massachusetts offense can be committed without the level of violent force required by the federal force clause.
The Court agreed, finding that Massachusetts assault can be committed by an offensive touching and that the carjacking statute’s additional elements did not necessarily require violent physical force. Although the case arose in the criminal sentencing context, the categorical analysis may be useful to immigration practitioners assessing Massachusetts carjacking convictions in removal proceedings.
The full text of United States v. Pimental can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1910P-01A.pdf
The First Circuit has determined that a Virginia conviction for use of a firearm is a crime of violence because it requires “using a firearm while overcoming the victim by violence or intimidation.”
The full text of United States v. Mao can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-2107P-01A.pdf
The Fifth Circuit has rejected an argument that a Louisiana conviction for armed robbery is not a crime of violence because it can be committed recklessly.
The full text of United States v. Lanaute can be found here: https://www.ca5.uscourts.gov/opinions/pub/25/25-30266-CR0.pdf
The Tenth Circuit has determined that an Oklahoma conviction for assault and battery with a dangerous weapon is not categorically a crime of violence because it criminalizes assault on an unborn child.
The full text of United States v. Singer can be found here:
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111374543.pdf
The Third Circuit has determined that a conviction for attempted murder of a federal witness is a crime of violence because the government must necessarily prove that the defendant at least attempted to use physical force.
The full text of U.S. v. Smith can be found here:
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
The Fifth Circuit has determined that a federal conviction for influencing a federal official by threatening assault is a crime of violence because it involves threats of physical force.
The full text of McLean v. Bondi can be found here: https://www.ca5.uscourts.gov/opinions/pub/20/20-61098-CV0.pdf
The Ninth Circuit has determined that an Oregon conviction for unlawful use of a weapon, even when coupled with an enhancement that specifies the weapon is a firearm, is not a crime of violence because it does not have as an element the use, attempted use, or threatened use of physical force against the person of another.
“ The firearm enhancement statute applies to ‘the use or threatened use of a firearm, whether operable or inoperable, by a defendant during the commission of a felony.’ Although this language requires the use or threatened use of a firearm, it does not, on its face, require the use or threatened use of a firearm ‘against the person of another.’”
The full text of United States v. Keast can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2025/09/10/24-1253.pdf
The Fifth Circuit has rejected an argument that a Louisiana conviction for aggravated battery is not a crime of violence, finding that the appellant had not demonstrated a realistic probability that Louisiana actually prosecutes reckless conduct under the statute.
The full text of US v. Sereal can be found here: https://www.ca5.uscourts.gov/opinions/pub/23/23-30198-CR0.pdf
The Second Circuit has determined that a Florida conviction for attempted second degree murder is a crime of violence. Because Florida attempted second-degree murder requires an intentionally committed act which would have resulted in death, the offense plainly satisfies the physical force requirement. The court also noted the mens rea for attempted second degree murder was simple higher than simple recklessness.
The full text of U.S. v. Delgado can be found here:
The Supreme Court has determined that a conviction that requires the infliction of bodily harm through an omission still requires the type of intentional violent force required by the definition of a crime of violence.
The full text of Delligatti v. United States can be found here:
The Second Circuit has determined that a New York conviction for second degree attempted assault under NYPL 120.05(7) is a crime of violence because it requires physical force causing injury to another person. Given the similarity between the definition of a crime of violence for immigration and criminal sentencing purposes, this case will likely be treated as precedential for immigration purposes as well.
The full text of U.S. v. Cooper can be found here:
The Ninth Circuit has determined that. Nevada conviction for felony battery resulting in substantial bodily harm is a crime of violence.
The full text of Villagomez v. McHenry can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2025/01/24/23-3558.pdf
The Ninth Circuit has determined that a California conviction for assault with a deadly weapon is not a crime of violence because it includes reckless use of force. In so doing, the Court recognized that the Supreme Court’s decision in Borden states that a crime is not a crime of violence if it encompasses a mens rea in which the defendant acts deliberately, but consciously disregards an unjustifiable—though not practically certain— risk.”
The rationale of the decision should be equally applicable to assault with force likely to produce great bodily injury, assault with a firearm, and assault on a police officer or firefighter.
The full text of US v. Gomez can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2024/09/04/23-435.pdf
The Ninth Circuit has determined that has a California conviction for carjacking is not a crime of violence aggravated felony. “On a plain reading, section 215 defines carjacking more broadly than section 16(a) by not requiring the use of force.” The court further concluded that the use of fear required by the statute does not necessarily include the use of force. The court additionally concluded that the statute requires only a reckless mens rea, which is less than is necessary to match the definition of a crime of violence. “In sum, section 215 criminalizes carjacking committed through fear and without the use of force, as well as carjacking committed through the unintentional use of force.” The court further determined the statute is not divisible.
The full of Gutierrez v. Garland can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2024/07/02/21-130.pdf
The Eighth Circuit has determined that an Iowa domestic abuse conviction is not a crime of violence because it criminalizes simple assault.
The full text of US v. Daye can be found here:
http://media.ca8.uscourts.gov/opndir/24/01/231048P.pdf
The Eighth Circuit has affirmed that a federal conviction for voluntary manslaughter qualifies as a crime of violence because the mens rea of “depraved heart” or “extreme recklessness” is sufficient to establish a use of force against the person of another.
The full text of Brewer v. US can be found here:
The Ninth Circuit has determined that a Washington misdemeanor conviction for harassment qualifies as a crime of violence because it involves the threatened or actual use of force.
The full text of Rodriguez-Hernandez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/12/27/21-456.pdf
The Fifth Circuit has determined that a Texas conviction for aggravated sexual assault with a deadly weapon is a crime of violence because it requires the use or attempted use of physical force.
The full text of Delgado-Victorio v. Garland can be found here: https://www.ca5.uscourts.gov/opinions/pub/23/23-60102-CV0.pdf
