United States v. Studhorse, No. 16-30299 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's denial of defendant's motion to dismiss a count charging him with possession of body armor by a violent felon in violation of 18 U.S.C. 931(a)(1) and 924(a)(7). The panel held that defendant's prior conviction for attempted first degree murder under Washington law was a crime of violence under 18 U.S.C. 16(a) because it required specific intent and had as an element an intentional, threatened, attempted, or actual use of force. Likewise, attempted first degree murder under Washington law is a crime of violence under USSG 4B1.2(a). Therefore, the panel also affirmed the district court's interpretation and application of the Sentencing Guidelines.
Court Description: Criminal Law. The panel affirmed (1) the district court’s denial of the defendant’s motion to dismiss a count charging him with possession of body armor by a violent felon in violation of 18 U.S.C. §§ 931(a)(1) and 924(a)(7), and (2) its interpretation and application of the Sentencing Guidelines. Section 931(a) prohibits a person from possessing body armor if he or she has been convicted of a felony that is a “crime of violence” as defined in 18 U.S.C. § 16. The panel held that attempted first degree murder under Washington law constitutes a “crime of violence” under 18 U.S.C. § 16(a) because it requires specific intent and has as an element an intentional, threatened, attempted, or actual use of force. The panel held that, for the same reasons, attempted first degree murder under Washington law is a “crime of violence” under USSG § 4B1.2(a).
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