Monday, July 29, 2013

US v. Spencer, No. 12-10078 (7-29-13)(Bybee with Graber and Christen).

The 9th holds that Hawaii's criminal property damage in the first degree, Hawaii revised Stat. 708-820(1) presents a serious risk of physical injury to another. The physical risks are similar to those involved in arson and burglary. As such, it is a categorical "crime of violence" for career offender purpose under 4B1.1. The analysis focuses on the statute's requirement that the conduct actually and recklessly place another person in danger of death or serious bodily injury. When this is combined with the similarity to arson and burglary, it meets the criteria for career offender.


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