United States Court of Appeals for the Ninth Circuit · 2019-08-19
18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: criminal appeal after jury trial; crime-of-violence question raised for the first time on appeal but reviewed de novo as a pure question of law; murder conviction affirmed, § 924(c) count reversed, remanded for resentencing (divided panel); result: claimant-lost; claim: (c)(3)(A)
Uncertainty
opinion: the footnotes appended from about @40894 read as the dissent's and are left in the dissent span; no quote is taken from them
Element predicate.violence: other: UNVERIFIED RECOLLECTION, not in the corpus: this panel ruling is believed to have been vacated and reversed on rehearing en banc (9th Cir. 2022). It is recorded here as what this opinion decided; treat the instance as possibly superseded until the en banc record is in the corpus.
Misfit
SUBSEQUENT HISTORY (annotator knowledge, NOT in the pinned text and not in the corpus): this panel opinion was vacated on rehearing en banc, and the en banc Ninth Circuit held the opposite, that second-degree murder under § 1111(a) IS a crime of violence under § 924(c)(3)(A) (United States v. Begay, 33 F.4th 1081 (9th Cir. 2022) (en banc)). The block is therefore encoded as superseded and is not an instance; `result claimant-lost` describes this vacated opinion only. The en banc opinion has no IR record here; a curator should verify the citation.
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 13
| Case | Qualifying federal predicate offense | Firearm object | Active employment of a firearm | Knowingly possess and convey the firearm | During and in relation to the predicate | Knowing actual or constructive possession |
|---|---|---|---|---|---|---|
| United States v. Begay — 934 F.3d 1033 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 7–12 of 13
| Case | Possession advances the specific predicate | Armor-piercing ammunition object | Use or carry the armor-piercing ammunition | Possess the armor-piercing ammunition | Section 2 aiding and abetting route | Greater minimum for the same firearm conduct displaces the lower minimum |
|---|---|---|---|---|---|---|
| United States v. Begay — 934 F.3d 1033 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 13–13 of 13
| Case | Sentencing consequences after offense proof |
|---|---|
| United States v. Begay — 934 F.3d 1033 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Begay — 934 F.3d 1033 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 — not · law (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Felony with the required force element | not Counted merits instance applied / merits basis: law; claim: (c)(3)(A); party: Randly Irvin Begay; count: Count Two, 18 U.S.C. § 924(c)(1)(A)(iii), discharging a firearm during a crime of violence (predicate: second-degree murder, 18 U.S.C. §§ 1111, 1153); subject: party=Randly Irvin Begay; count=Count Two, 18 U.S.C. § 924(c)(1)(A)(iii), discharging a firearm during a crime of violence (predicate: second-degree murder, 18 U.S.C. §§ 1111, 1153) Panel majority: a § 924(c)(3)(A) crime of violence requires intentional force; malice aforethought includes depraved-heart recklessness, and "extreme" recklessness is still not intent, so second-degree murder is not categorically a crime of violence. The shooting itself is [neutral]: the court says the categorical approach does not look to it. Judge N.R. Smith dissented from this part (span `dis`): extreme-recklessness murder should qualify. No dissent block is recorded. | federal second-degree murder can rest on depraved-heart (extreme) recklessness | It follows from our precedent that a crime of violence under 18 U.S.C. § 924(c)(3) requires the intentional use of force.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1033-01; Unicode character offsets [15195:15316] (end exclusive); SHA-256 296f7331e155fff0bcbb638fc4d685d682305bd81bd0ee1654e10ca5f1115821.As such, second-degree murder may be committed recklessly-with a depraved heart mental state-and need not be committed willfully or intentionally.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1033-01; Unicode character offsets [15808:15954] (end exclusive); SHA-256 296f7331e155fff0bcbb638fc4d685d682305bd81bd0ee1654e10ca5f1115821.Second-degree murder does not constitute a crime of violence under the elements clause- 18 U.S.C. § 924(c)(3)(A) -because it can be committed recklessly.Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1033-01; Unicode character offsets [10303:10456] (end exclusive); SHA-256 296f7331e155fff0bcbb638fc4d685d682305bd81bd0ee1654e10ca5f1115821.Begay's § 924(c) conviction for discharging a firearm during and in relation to a crime of violence therefore cannot stand under either the elements clause or residual clause of § 924(c)(3).Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1033-01; Unicode character offsets [20145:20335] (end exclusive); SHA-256 296f7331e155fff0bcbb638fc4d685d682305bd81bd0ee1654e10ca5f1115821. |