United States v. Butler

2 Citing cases

  1. Farmer v. United States

    687 F. Supp. 3d 223 (D.N.H. 2023)

    Multiple courts in this district have held, and the Fourth Circuit more recently has strongly suggested, that assault on a federal officer with a dangerous weapon in violation of 18 U.S.C. § 111(a)(1) and (b) qualifies as a crime of violence under 924(c)'s force clause.") (internal quotation marks omitted); United States v. Clark, No. CR 08-80, 2022 WL 114079, at *4 (W.D. Pa. Jan. 12, 2022), certificate of appealability denied, No. 22-1215, 2022 WL 3139009 (3d Cir. May 17, 2022); United States v. Butler, No. 21-20027-JAR, 2022 WL 16714129, at *4-5 (D. Kan. Nov. 4, 2022). This court finds the reasoning and analysis in these cases persuasive and concludes that § 111(b) requires a mens rea of intentional, purposeful, and knowing acts, and not recklessness.

  2. United States v. Newman

    No. 20-20014-JAR (D. Kan. Apr. 28, 2023)   Cited 1 times

    Id.See United States v. Butler, No. 21-20027-JAR, 2022 WL 16714129, at *4-5 (D. Kan. Nov. 4, 2022) (rejecting the defendant's argument that Borden abrogates Kendall, and concluding that a § 111(b) offense cannot be committed with a mens rea of ordinary recklessness and thus remains a crime of violence); see also United States v. Medearis, ---F.4th---, 2023 WL 3049339, at *4 (8th Cir. Apr. 24, 2023) (concluding § 111(b) conviction constitutes a categorical crime of violence; further rejecting the defendant's argument that the offense could not be a crime of violence because it can be recklessly committed, explaining that a § 111(b) conviction necessarily requires a finding of intent) (collecting cases); accord United States v. Bullock, 970 F.3d 210, 217 (3d Cir. 2020); Paige v. United States, No. 16-cv-00304, 2023 WL 2655726, at *5 (W.D. N.C. Mar. 27, 2023); United States v. Clark, No. 08-80, 2022 WL 114079, at *4 (W.D. Pa. Jan. 12, 2022)