Clay O'Brien Mann v. United States
JusticiabilityDoctri
Whether a felony offense with a recklessness mens rea, such as reckless driving while intoxicated, satisfies the requirements of the elements clauses of 18 U.S.C. § 924(c)(3)(A) and the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), when the offense does not require proof of any purposeful or knowing act to use violent physical force against the person or property of another?
Question Presented For Review Mann was charged in an indictment with violating 18 U.S.C. § 924(c)(1)(A)(ili) by discharging a firearm during and in relation to a crime of violence, namely assault resulting in serious bodily injury. The district court granted his motion to dismiss the indictment with prejudice because it found the “crime of violence” definition in 18 U.S.C. § 924(c)(3)(A) and (B) does not cover offenses like the assault in 18 U.S.C. § 113(a)(6) which can be committed with a reckless mens rea. The Tenth Circuit Court of Appeals reversed that decision. It held that assault resulting in serious bodily injury is a crime of violence, although an accused can violate § 113(a)(6) by recklessly driving while intoxicated. Mann presents the following issue to this Court: Whether a felony offense with a recklessness mens rea, such as reckless driving while intoxicated, satisfies the requirements of the elements clauses of 18 U.S.C. § 924(c)(3)(A) and the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), when the offense does not require proof of any purposeful or knowing act to use violent physical force against the person or property of another? i