US v. Yonathan Melaku, No. 21-6122 (4th Cir. 2022)

Defendant pleaded guilty to and was convicted of three felony offenses: (1) willfully injuring government property causing damage exceeding $1,000, in violation of 18 U.S.C. Section 1361; (2) using, carrying, and discharging a firearm during a crime of violence, namely, the Section 1361 offense, in violation of 18 U.S.C. Section 924(c); and (3) attempted injury to veterans’ memorials, in violation of 18 U.S.C. Section 1369. The district court sentenced Defendant to a term of 300 months’ imprisonment, which included a consecutive 120-month sentence for his conviction under Section 924(c).
 
At issue, on appeal, is whether a felony conviction under 18 U.S.C. Section 1361 for willfully injuring or committing depredation against government property, with damage exceeding $1,000, qualifies as a predicate crime of violence under 18 U.S.C. Section 924(c). The Fourth Circuit concluded that it does not because this property offense can be committed in a non-violent manner without “the use, attempted use, or threatened use of physical force against the person or property of another.” 18 U.S.C. Section 924(c)(3)(A). Because the district court erred in reaching a contrary conclusion, the court reversed the court’s judgment and remanded.
 
The court explained, that the least culpable felony under Section 1361 effectively constitutes intentional vandalism of government property. Because this conduct does not require the use, attempted use, or threatened use of physical force, the court held that a felony offense under Section 1361 does not qualify categorically as a predicate “crime of violence” defined by Section 924(c)(3)(A).