Whether reckless crimes qualify categorically as crimes of violence under the force clause of these statutes and guidelines

QUESTION PRESENTED Before this Court issued its decision in United States v. Voisine, 1386 S.Ct. 2272 (2016), the circuits all agreed that the “force clause” in the Armed Career Criminal Act and the Career Offender Guideline did not include crimes that could be committed recklessly. Although Voisine was interpreting the scope of a different force clause (18 U.S.C. § 921(33)), some circuits, including the Tenth Circuit in this case, relied on Voisine to abandon the previously unanimous reading of the other force clause. Five circuits, however, have reaffirmed since Voisine that the force clause does not reach reckless conduct. In contrast to both lines of cases, the Eighth Circuit has adopted a third rule, holding that while the force clause generally includes reckless crimes, it does not include crimes that can be accomplished by reckless driving. This Court must resolve the three-way split on this important question: Do reckless crimes qualify categorically as crimes of violence under the force clause of these statutes and guidelines? i