Source: cases/18usc924/f4th-141-1136-us-v-butler.case
Case source: https://www.neochart.com/catalog/cases/f4th/volume_141/1136/index.html
Thus, for § 111(b) to be a crime of violence, it must criminalize only intentional conduct.
To decide whether an offense is a crime of violence, we apply the categorical approach.
Kendall remains good law after Borden and controls our decision in this case.
In Kendall, we held that § 111(b) is a crime of violence. We therefore reject G’Ante’s arguments to the contrary.
casedsl 1.2 # author: Flash3 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f4th/141/1136 name United States v. Butler cite 141 F.4th 1136 (2025) court Court of Appeals for the Tenth Circuit date 2025-06-25 url catalog/cases/f4th/volume_141/1136/index.html source ir/caselaw/f4th_141.jsonl sha1=3bcead9fc5cc439ffb4e69ac505cc020f2176d47 chars=42115 # The IR text is one unbroken paragraph (slip opinion with page headers); the span starts at the author line, after caption and counsel. opinion op : panel by Kelly @1070..42115 controlling party p1 : G’Ante Butler count c1 : 18 U.S.C. § 924(c)(1)(A)(iii), use of a firearm in furtherance of a crime of violence (predicate: forcible assault on a federal officer, 18 U.S.C. § 111(b)) law 18usc924 (c)(3)(A) role applied posture criminal appeal after jury trial; trial-error claims rejected (one instruction error held harmless); request to vacate the § 924(c) conviction on the ground that § 111(b) is not a crime of violence reviewed de novo and rejected; affirmed result claimant-won element predicate.violence : satisfied [law] party p1 count c1 route elements-clause pattern forcible assault on a federal officer under § 111(b) requires intent, not recklessness; bound by circuit precedent after Borden rule @38249..38340 | Thus, for § 111(b) to be a crime of violence, it must criminalize only intentional conduct. rule @38363..38450 | To decide whether an offense is a crime of violence, we apply the categorical approach. rule @40304..40490 [quoted] | “a ‘conviction under § 111(b) necessarily requires a finding that the defendant intentionally used, attempted to use, or threatened to use physical force against the person of another.’” fact @3125..3230 [neutral] | One ATF agent was shot in the hand and a civilian- witness, J.B., sustained gunshot wounds in both hands. held @41911..41988 | Kendall remains good law after Borden and controls our decision in this case. held @41989..42102 | In Kendall, we held that § 111(b) is a crime of violence. We therefore reject G’Ante’s arguments to the contrary. gloss Decided by stare decisis: Kendall (10th Cir. 2017) held § 111(b) a crime of violence under the modified categorical approach because § 111 requires an intent to assault; Borden removed only offenses that can be committed recklessly, so Kendall controls. The shooting itself is [neutral] (categorical approach). gloss The argument was adopted by reference from a co-defendant's companion appeal (Fed. R. App. P. 28(i)), which the court permitted. Identity (whether Butler was one of the shooters) was the trial issue and reaches this court only through harmless-error review, so no use / discharge block is recorded.