Wednesday, June 29, 2022

US v. Mathews, No. 19-56110 (6-13-22)(Forrest w/Kelly & M. Smith). The petitioner gets relief under Davis, 139 S. Ct.2319 (2019). A conviction under 18 USC 844(i) (property-damage destruction) is not a categorical “crime of violence” for 924c(3). The destruction could be to one’s own property and not solely the property of another. While the district court tried to use past precedent to divine congressional intent (an explosive bomb seems a COV), a categorical approach must be applied. The 9th joins the 4th, 6th, and 10th Circuits.

Congrats to Kara Hartzler, Fed Defs of San Diego.



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