Voisine v. United States

2 Citing cases

  1. Voisine v. United States

    136 S. Ct. 2272 (2016)   Cited 300 times   2 Legal Analyses
    Holding that the phrase "use of force," standing alone, encompasses crimes committed with ordinary recklessness

    See 778 F.3d 176, 177 (2015). We granted certiorari, 577 U.S. ––––, 136 S.Ct. 386, 193 L.Ed.2d 309 (2015), to resolve a Circuit split over whether a misdemeanor conviction for recklessly assaulting a domestic relation disqualifies an individual from possessing a gun under § 922(g)(9). We now affirm.

  2. United States v. Báez-Martínez

    950 F.3d 119 (1st Cir. 2020)   Cited 41 times
    Holding second-degree murder requiring malice aforethought is a crime of violence under the Armed Career Criminal Act (ACCA)

    In 2014, Puerto Rico updated its penal code to reflect the four Model Penal Code mental states of "purposely," "knowingly," "recklessly," and "negligently." See United States v. Voisine, 778 F.3d 176, 203 n.13 (1st Cir.) (Torruella, J., dissenting), cert. granted in part, ––– U.S. ––––, 136 S. Ct. 386, 193 L.Ed.2d 309 (2015), and aff'd, ––– U.S. ––––, 136 S. Ct. 2272, 195 L.Ed.2d 736 (2016). There are a few problems with Báez-Martínez's reasoning.