United States Ninth Circuit

Sentence for conviction of manslaughter is reversed and remanded for resentencing where manslaughter, as defined by Florida Statute section 782.07, does not constitute a crime of violence under U.S.S.G. section 2L1.2(b)(1)(A) because Florida manslaughter by act, which does not require a mens rea of at least recklessness, criminalizes conduct that goes beyond the contemporary generic definition of manslaughter.

Appellate Information

• Published 2016/08/16

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel