USA V. BENITO CASTRO, No. 22-30050 (9th Cir. 2023)
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The district court increased Defendant’s offense level pursuant to U.S.S.G. Section 2K2.1(a)(4)(A) based on a finding that Defendant’s prior Montana conviction for partner or family member assault (“PFMA”) under Mont. Code Ann. Section 45-5- 206(1)(a) is a crime of violence under the Sentencing Guidelines.
The Ninth Circuit vacated Defendant’s sentence and remanded for resentencing. Applying the categorical approach, the panel held that PFMA is not a crime of violence under the Sentencing Guidelines because the definition of “bodily injury” incorporated into PFMA includes more conduct than the “use of physical force” required by U.S.S.G. Section 4B1.2(a)(1). Under Montana’s unusual definition, bodily injury “includes mental illness or impairment,” and Montana courts have concluded that one can cause “bodily injury” solely through the infliction of mental anguish unaccompanied by any actual or threatened physical violence. Because the court must determine whether PFMA categorically requires violent force—not whether Defendant actually used it in his prior offense—the panel held that PFMA is not a crime of violence under the Sentencing Guidelines.
Court Description: Criminal Law The panel vacated Benito Castro’s sentence and remanded for resentencing in a case in which Castro pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
The district court increased Castro’s offense level pursuant to U.S.S.G. § 2K2.1(a)(4)(A) based on a finding that Castro’s prior Montana conviction for partner or family member assault (“PFMA”) under Mont. Code Ann. § 45-5-206(1)(a) is a crime of violence under the Sentencing Guidelines.
Applying the categorical approach, the panel held that PFMA is not a crime of violence under the Sentencing Guidelines because the definition of “bodily injury” incorporated into PFMA includes more conduct than the “use of physical force” required by U.S.S.G. § 4B1.2(a)(1). Under Montana’s unusual definition, bodily injury “includes mental illness or impairment,” and Montana courts have concluded that one can cause “bodily injury” solely through the infliction of mental anguish unaccompanied by any actual or threatened physical violence. Because the court must determine whether PFMA categorically requires violent force—not whether Castro actually used it in his prior offense—the panel held that PFMA is not a crime of violence under the Sentencing Guidelines.
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