Tuesday, May 31, 2005

Lara-Cazares v. Gonzales

No. 03-71568 (5-23-05). The 9th finds that a state (California) conviction for gross vehicular manslaughter while intoxicated was not a crime of violence under 18 USC 16 and therefore not an agg felony.. The 9th looked to Leocal, where the Supremes held that a DUI causing serious bodily injury was a negligence mens rea, and the reasoning there applied here. The gov't's argument that gross negligence was different was unavailing as Congress distinguished between a serious criminal offense (a DUI that caused injury) and a crime of violence. Leocal overruled prior 9th Cir precedent.


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