US v. Gobert, No. 17-35970 (11-26-19)(Bea w/Farris & Christen). The 9th affirms the denial of a habeas challenging whether an assault with a dangerous weapon under 18 U.S.C. § 113(a)(3) is a COV. The 9th holds that it is.

The petitioner argues that a display of force may cause immediate bodily harm. The 9th finds though that an AWDW has an element of force as required by Johnson. The 9th looks to US v. Juvenile Female, 566 F.3d 943 (9th Cir 2009)(similar statute) and US v. Calvillo-Palacios, 850 F.3d 1285 (9th Cir 2017)(Texas statute). The 9th concludes that there is “simply no room” to find AWDW to be anything else but a COV under these precedents. The least violent form of the defense is the threat to use violent force.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/26/17-35970.pdf