United States v. Benally

Defendant appealed his conviction for involuntary manslaughter and for using a firearm in connection with a crime of violence. In this opinion, the court addressed whether involuntary manslaughter can be considered a crime of violence under 18 U.S.C. 924(c). After Leocal v. Ashcroft and Fernandez-Ruiz v. Gonzales, a crime of violence requires a mental state higher than recklessness - it requires intentional conduct. Involuntary manslaughter under 18 U.S.C. 1112, requiring a lesser mental state of gross negligence, prohibits conduct that cannot be considered a crime of violence under section 924(c)(3). Under the categorical approach, therefore, involuntary manslaughter cannot be a crime of violence. United States v. Springfield’s opposing rule is clearly irreconcilable with the reasoning and results of Leocal and Fernandez-Ruiz and is no longer good law. Accordingly, defendant's section 924(c) count of conviction for using a firearm in connection with a crime of violence is reversed. View "United States v. Benally" on Justia Law