314 F. Supp. 3d 223
D.C. Cir.2018Background
- Court addressed whether New Jersey aggravated-assault and robbery convictions qualify as crimes of violence under the Elements Clause (Curtis Johnson) and thus as predicate offenses for federal purposes.
- New Jersey statutes defined aggravated assault (second- and third-degree) to include causing serious or significant bodily injury, and expressly allowed reckless conduct to satisfy the mens rea.
- Government conceded that New Jersey aggravated-assault convictions can be sustained by proof of reckless conduct.
- The court applied the modified categorical approach for divisible statutes to identify the statutory alternative of conviction, then the categorical approach to that crime.
- Petitioner West argued (for the first time in reply) that the bodily-injury requirement does not require the use of violent physical force; the court deemed that argument forfeited and unpersuasive.
- The court concluded New Jersey second-degree robbery (as interpreted by the state supreme court) requires more than de minimis or slight force and rejected analogies to statutes that cover minimal contact.
Issues
| Issue | Plaintiff's Argument (West) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether NJ aggravated-assault (2d/3d) can be a crime of violence given it can be committed recklessly | Statute's bodily-injury element does not require "use of violent physical force"—so could fail Johnson | Statute necessarily involves force capable of producing pain/injury; recklessness does not remove force requirement | Court: Forfeited and unpersuasive; conviction for causing serious/significant bodily injury realistically requires applying force, so statute can qualify as crime of violence |
| Whether a robbery that may involve only slight force satisfies the Elements Clause | (Argues) Some robbery statutes allow de minimis force and so may not meet Johnson | New Jersey robbery, as interpreted, requires more than de minimis force; force like shoving can produce pain/injury and counts | Court: NJ second-degree robbery requires more than slight force and can satisfy Elements Clause |
Key Cases Cited
- United States v. Redrick, 841 F.3d 478 (D.C. Cir. 2016) (explaining modified categorical approach for divisible statutes)
- United States v. Haight, 892 F.3d 1281 (D.C. Cir. 2018) (construing state assault/robbery statutes under the Elements Clause)
- Moncrieffe v. Holder, 569 U.S. 184 (2013) (holding courts assess realistic probability of conviction under categorical approach)
- United States v. Castleman, 572 U.S. 157 (2014) (discussing physical acts that constitute force capable of causing pain or injury)
- New Jersey v. Sewell, 127 N.J. 133 (1992) (state high-court decision interpreting mens rea and bodily-injury findings under NJ assault statute)
- United States v. Walton, 881 F.3d 768 (9th Cir. 2018) (example of a court holding certain robbery force insufficient under Elements Clause)