United States Ninth Circuit

Under 18 USC 16, a conviction for drunk driving under California Vehicle Code 23153 does not qualify as a crime of violence because it only requires negligence rather than specific intent or recklessness.

Appellate Information

• Argued 11/13/2000
• Decided 08/08/2001
• Published 08/08/2001

Judges

• Before:  KOZINSKI, HAWKINS, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael A. Rotker (argued), Assistant United States Attorney, San Francisco, California, and Lisa Simotas, Criminal Division, U.S. Department of Justice, Washington, D.C., for the plaintiff-appellant.


• For Appellees:
  
• Steven Kalar (argued), Assistant Public Defender, San Francisco, California, for the defendant-appellee.