Safe Havens



 
 

§ 8.14 7. Manslaughter

 
Skip to § 8.

For more text, click "Next Page>"

Updates

 

Third Circuit

AGGRAVATED FELONY - VEHICULAR HOMICIDE
Oyebanji v. Gonzales, 418 F.3d 260 (3rd Cir. Aug. 11, 2005) (vehicular homicide under New Jersey Statutes 2C:11-5, is not a crime of violence as defined by 18 U.S.C. 16, since the statue requires only a reckless intent)
http://caselaw.lp.findlaw.com/data2/circs/3rd/034143p.pdf

Fifth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " MANSLAUGHTER
United States v. Garcia-Perez, ___ F.3d ___, 2015 WL 753759 (5th Cir. Feb. 23, 2015) (Florida conviction of manslaughter, in violation of Florida Statute 782.07, did not qualify as a crime of violence under United States Sentencing Guideline 2L1.2(b)(1)(A), because Florida manslaughter conviction does not require proof of force, and my be committed with negligent intent).

Eighth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " MANSLAUGHTER
United States v. Roblero-Ramirez, ___ F.3d ___, 2013 WL 2927916 (8th Cir. Jun. 17, 2013) (Nebraska conviction for violation of Neb.Rev.St. 28-305, sudden quarrel manslaughter, is not an aggravated felony crime of violence for illegal re-entry sentencing purposes where the statute does not require intent to kill).
AGGRAVATED FELONYMANSLAUGHTER - 18 U.S.C. 16(a) - MINNESOTA CONVICTION FOR SECOND-DEGREE MANSLAUGHTER NOT A COV SINCE NO ELEMENT OF USE OF FORCE
United States v. Torres-Villalobos, 487 F.3d 607, ___, (8th Cir. May 9, 2007) (Minnesota conviction for second-degree manslaughter, in violation of Minn.Stat. 609.205, did not qualify as crime of violence, under 18 U.S.C. 16(a), and is therefore not an "aggravated felony," under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since it does not have as an essential element the intentional use of force: "Under Minnesota law, a person can commit second-degree manslaughter without using force or risking the intentional use of force. Minn.Stat. 609.205. A person can commit this crime by recklessly leaving a child alone with lit candles that later start a fire, State v. Boyer, No. C8-01-617, 2001 WL 1491450, at * 1 (Minn.Ct.App. Nov. 27, 2001), by allowing a child to die of dehydration while in the person's care, State v. Williams, No. A04-1694, 2005 WL 3046328, at * 1 (Minn.Ct.App. Nov. 15, 2005), by leaving explosives and blasting caps stored in an automobile where they are later ignited by the use of jumper cables, State v. Bicek, 429 N.W.2d 289, 291 (Minn.Ct.App.1988), and, indeed, by driving drunk with "culpable negligence" in a manner that causes the death of a passenger. State v. Geary, 239 N.W. 158, 159-60 (Minn.1931). As such, the "use of force," as Leocal interpreted that phrase, is not an element of a second-degree manslaughter conviction."), overruling United States v. Moore, 38 F.3d 977, 981 (8th Cir. 1994) (decided under 18 U.S.C. 924(c)(3)); see also Omar v. INS, 298 F.3d 710, 715-17 (8th Cir. 2002) (holding that criminal vehicular homicide is a crime of violence under 16 for immigration purposes).
AGGRAVATED FELONYMANSLAUGHTER - 18 U.S.C. 16(b) - MINNESOTA CONVICTION FOR SECOND-DEGREE MANSLAUGHTER NOT A COV SINCE NO SUBSTANTIAL RISK THAT THE ACTOR WILL INTENTIONALLY USE FORCE IN THE COMMISSION OF THE OFFENSE
United States v. Torres-Villalobos, 487 F.3d 607, ___, (8th Cir. May 9, 2007) (Minnesota conviction for second-degree manslaughter, in violation of Minn.Stat. 609.205, did not qualify as crime of violence, under 18 U.S.C. 16(b), and is therefore not an "aggravated felony," under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since it does not "involve a risk that the perpetrator will intentionally use physical force in the course of committing the offense. A perpetrator's knowing disregard of a serious risk of injury, as required by the Minnesota manslaughter statute, is different from a robber or burglar ignoring the risk that he may resort to the intentional use of force in committing the offense."), overruling United States v. Moore, 38 F.3d 977, 981 (8th Cir. 1994) (decided under 18 U.S.C. 924(c)(3)); see also Omar v. INS, 298 F.3d 710, 715-17 (8th Cir. 2002) (holding that criminal vehicular homicide is a crime of violence under 16 for immigration purposes).
AGGRAVATED FELONY - MANSLAUGHTER - CRIME OF VIOLENCE
United States v. Torres-Villalobos, __ F.3d __, 2007 WL 528195 (8th Cir. Feb. 22, 2007) (Minnesota conviction for second-degree manslaughter, in violation of Minn. Stat. 609.205, was not a "crime of violence" under 18 U.S.C. 16 because the offense can be committed with mere reckless intent). http://caselaw.lp.findlaw.com/data2/circs/8th/061876p.pdf

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " VOLUNTARY MANSLAUGHTER
Quijada-Aguilar v. Lynch, ___ F.3d ___, 2015 WL 5103038 (9th Cir. Sept. 1, 2015) (California conviction for voluntary manslaughter, under Penal Code 192(a), did not qualify as a particularly serious crime that would render noncitizen ineligible for withholding of removal, since it did not constitute an aggravated felony crime of violence, because it encompassed reckless conduct).
AGGRAVATED FELONY - CRIME OF VIOLENCE - NEGLIGENT VEHICULAR MANSLAUGHTER DOES NOT CONSTITUTE "MANSLAUGHTER" WITHIN GUIDELINES
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. Sept. 24, 2008) (California conviction for vehicular manslaughter while intoxicated without gross negligence, in violation of Penal Code 192(c)(3) (1998), was not "crime of violence" for purposes of sentence enhancement under U.S.S.G. 2L1.2(b)(1)(A) for illegal reentry following conviction for qualifying felony, because the elements require only proof of ordinary negligence, so cannot fall within the contemporary meaning of manslaughter as enumerated in U.S.S.G. 2L1.2 cmt. 1(B)(iii)).

Lower Courts of Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - VEHICULAR HOMICIDE
United States v. Garcia-Espana, ___ F.Supp.2d ___, 2007 U.S. Dist. LEXIS 15696 (E.D. Wash. March 6, 2007) (defendant may not be convicted of illegal reentry after deportation, where INS erred in concluding that he was deportable because of his vehicular homicide conviction, which in turn, invalidated his deportation order, which violated his due process rights and therefore cannot serve as a predicate element of his 1326 conviction).

Other

AGGRAVATED FELONY - CRIME OF VIOLENCE - VEHICULAR MANSLAUGHTER
See § 7.49

 

TRANSLATE