United States v. Verderoff, No. 17-30096 (9th Cir. 2019)Annotate this Case
Second-degree assault under Wash. Rev. Code 9A.36.021(1) is overbroad when compared to the generic definition of aggravated assault because only the former encompasses assault with intent to commit a felony. Second-degree murder under Wash. Rev. Code 9A.32.050 (2003) is overbroad when compared to the generic definition of murder because only the former covers felony murder.
The Ninth Circuit vacated defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The panel held that second-degree assault did not qualify as a crime of violence under USSG 4B1.2, because the second-degree assault statute was indivisible and the panel could not apply the modified categorical approach. Likewise, the panel held that second-degree murder is not a crime of violence under section 4B1.2. The panel concluded that the district court's incorrect calculation of the proper Guideline range was not harmless. Accordingly, the panel remanded for resentencing.