United States v. Joe Benally
2016 U.S. App. LEXIS 20048
9th Cir.2016Background
- On Jan. 17, 2013 Carlos Harvey was fatally shot with Benally’s rifle on the Navajo Nation reservation; facts at trial supported both intentional and accidental shooting theories.
- A federal grand jury indicted Joe Arviso Benally for second-degree murder (18 U.S.C. § 1153) and for using a firearm in connection with a “crime of violence” (18 U.S.C. § 924(c)).
- The jury acquitted on murder but convicted Benally of the lesser-included offense of involuntary manslaughter (18 U.S.C. § 1112).
- The jury also convicted under § 924(c) because it was instructed that involuntary manslaughter was a “crime of violence.”
- On appeal the Ninth Circuit considered whether involuntary manslaughter categorically qualifies as a “crime of violence” under § 924(c)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether involuntary manslaughter (§ 1112) is a "crime of violence" under § 924(c)(3) | The government: involuntary manslaughter inherently involves a substantial risk that physical force will be used, so it qualifies under § 924(c)(3)(B). | Benally: § 1112 requires only gross negligence; that mental state can include merely accidental or negligent conduct and thus is not categorically a crime of violence. | The court held § 1112 is not a categorical "crime of violence" under § 924(c)(3); reversed the § 924(c) conviction. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (establishes the categorical approach for comparing statutory elements)
- Descamps v. United States, 570 U.S. 254 (2013) (limits inquiry to elements of the statute unless modified categorical approach applies)
- Leocal v. Ashcroft, 543 U.S. 1 (2004) (holding that mere negligent or accidental conduct does not satisfy the "use of physical force" language)
- Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 (9th Cir. 2006) (recklessness/gross negligence insufficient mens rea under § 16 interpretation)
- Voisine v. United States, 136 S. Ct. 2272 (2016) (held reckless conduct can qualify as a crime of violence under a related statutory provision)
- United States v. Springfield, 829 F.2d 860 (9th Cir. 1987) (prior Ninth Circuit decision treating § 1112 as a crime of violence; court here overruled by intervening authority)
- United States v. Pineda-Doval, 614 F.3d 1019 (9th Cir. 2010) (describing § 1112 mens rea as gross negligence/wanton or reckless disregard for human life)