Wednesday, June 28, 2017

US v. Perez-Silvan, No. 16-10177 (6-28-17)(O'Scannlain w/Christensen; Owens concurring). The 9th affirmed a +16 enhancement for a Tennessee conviction for agg assault. The 9th goes through the Tennessee statute and the mens rea required for recklessness, finding that there is a knowingly component. The 9th also looks at the divisibility.

Owens, concurring, urges the Sentencing Commission to continue to simplify the guidelines, applauding the recent reworking of 2L1.2.  "I continue to urge the Commission to simplify the Guidelines to avoid the frequent sentencing adventures more complicated than reconstructing the Staff of Ra in the Map Room to locate the Well of the Souls. Cf. Almanza-Arenas v. Lynch, 815 F.3d 469, 482-83 (9th Cir. 2016)(en banc)(Owens, J., concurring); Raiders of the Lost Ark (Paramount Pictures 1981)(19).

Kudos to Myrna Beards of Tucson for a spirited appeal.

The decision is here:

US v. Calvillo-Palacios, No. 16-10039 (6-28-17)(O'Scannlain w/Christensen; Owens concurring). The 9th affirms a +16 enhancement under 2L1.2 for a Texas agg assault as a crime of violence.  The 9th states that it has repeatedly held that threat and assault statutes necessarily involve the use of violent physical force.  The 9th notes that other circuits differ, finding that statutes which criminalize causation of bodily injury are not crimes of violence. See footnote 5 (1st, 2d, 4th, 5th, and 10th).  Be aware of the Circuit split.  Owens concurs and refers to his concurrence in Perez-Silvan.

The decision is here:


Post a Comment

<< Home