943 F.3d 878
9th Cir.2019Background
- Gobert fired an AR-15 toward a group after a roadside confrontation on the Blackfeet Reservation; bullets struck a truck and one occupant.
- He was charged with assault resulting in serious bodily injury (18 U.S.C. §§1153, 113(a)(6)), assault with a dangerous weapon (18 U.S.C. §§1153, 113(a)(3)), and discharge of a firearm during a crime of violence (18 U.S.C. §924(c)(1)(A)).
- Gobert pleaded guilty to the §924(c) count, admitting the underlying assaults; the district court dismissed the assault counts as part of the plea and sentenced him to 60 months plus supervised release.
- Gobert later filed a §2255 motion arguing his §924(c) conviction was invalid because the predicate assault offenses no longer qualify as "crimes of violence."
- The district court denied relief but granted a certificate of appealability; the government raised no procedural defenses on appeal.
- The central legal question: whether assault with a dangerous weapon under 18 U.S.C. §113(a)(3) is a "crime of violence" under the elements clause of §924(c)(3)(A) after the Supreme Court's invalidation of the residual clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 18 U.S.C. §113(a)(3) (assault with a dangerous weapon) is a "crime of violence" under §924(c)(3)(A) (elements clause) | Gobert: The least culpable form can be a mere display of force causing fear, which does not require threatened use of violent physical force per Johnson | U.S.: Ninth Circuit precedent (Juvenile Female, Calvillo-Palacios) treats such assault/threat statutes as necessarily involving threatened or used violent physical force | Affirmed: §113(a)(3) qualifies under §924(c)(3)(A); Gobert's §924(c) conviction stands |
Key Cases Cited
- Johnson v. United States, 559 U.S. 133 (2010) (defines "violent physical force" as force capable of causing physical pain or injury)
- United States v. Davis, 139 S. Ct. 2319 (2019) (invalidated the residual clause of the federal "crime of violence" definition)
- Mathis v. United States, 136 S. Ct. 2243 (2016) (explains the categorical approach for offense comparison)
- Moncrieffe v. Holder, 569 U.S. 184 (2013) (applies least-culpable-offense principle within the categorical approach)
- United States v. Juvenile Female, 566 F.3d 943 (9th Cir. 2009) (holds assault with a dangerous weapon necessarily involves threatened use of physical force)
- United States v. Calvillo-Palacios, 860 F.3d 1285 (9th Cir. 2017) (concludes threat/assault statutes involving deadly weapons satisfy elements-clause violence requirement)