United States Ninth Circuit

Conviction for using a firearm in connection with a 'crime of violence' under 18 U.S.C. section 924(c) is reversed where involuntary manslaughter under 18 U.S.C. section 1112, which requires a mental state of only gross negligence, prohibits conduct that cannot be considered a 'crime of violence' under section 924(c)(3), and therefore cannot qualify under the categorical approach.

Appellate Information

• Published 2016/08/01

Judges

• NOONAN

Court

• United States Ninth Circuit

Counsel