24 F.4th 1216
8th Cir.2022Background
- Lopez-Castillo pleaded guilty to unlawful possession of a firearm under 18 U.S.C. §§ 922(g)(1) and (g)(9).
- At sentencing the district court applied a base offense level of 24 under U.S.S.G. § 2K2.1(a)(2), finding he had two prior convictions for crimes of violence (Iowa arson and Arizona aggravated assault § 13-1204(B)).
- The district court calculated a total offense level of 25 and criminal history category VI, recommended range 110–120 months, and sentenced him to 102 months.
- On appeal Lopez-Castillo challenged only whether Arizona aggravated assault § 13-1204(B) qualifies as a "crime of violence" under the Guidelines’ force clause (U.S.S.G. § 4B1.2(a)).
- § 13-1204(B)(1) criminalizes intentionally or knowingly impeding another’s breathing or blood circulation by applying pressure to the throat/neck or obstructing the nose and mouth, including by instrument.
- The Eighth Circuit held that element necessarily requires physical force capable of causing pain or injury and therefore is a crime of violence; the district court’s base-offense-level determination was affirmed.
Issues
| Issue | Lopez-Castillo's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Ariz. Rev. Stat. § 13-1204(B) is a "crime of violence" under the Guidelines’ force clause | § 13-1204(B) does not necessarily have a physical-force element and thus is not a crime of violence | The statute requires intentional/knowing use of physical force (throat/neck pressure or obstruction), satisfying the force clause | Affirmed: § 13-1204(B) has a physical-force element and is a crime of violence; base level 24 stands |
Key Cases Cited
- United States v. Parrow, 844 F.3d 801 (8th Cir. 2016) (holding knowingly strangulation that impairs breathing or circulation is categorically capable of causing injury and is a crime of violence)
- Johnson v. United States, 559 U.S. 133 (2010) (defining "physical force" as violent force capable of causing physical pain or injury)
- United States v. Quigley, 943 F.3d 390 (8th Cir. 2019) (explaining the categorical inquiry for a physical-force element)
- United States v. Harrison, 809 F.3d 420 (8th Cir. 2015) (stating de novo review for whether an offense qualifies as a crime of violence under the Guidelines)
- United States v. Smith, 928 F.3d 714 (8th Cir. 2019) (applying the categorical approach to determine crime-of-violence status)
- Borden v. United States, 141 S. Ct. 1817 (2021) (plurality) (holding recklessness is insufficient mens rea for certain crime-of-violence definitions)