Sergio Saldivar Gutierrez v. United States
HabeasCorpus Immigration JusticiabilityDoctri
Whether an offense that does not require, at a minimum, a conscious disregard of a risk of harm, lacks an element of the 'use of physical force against the person of another' as required to categorically qualify as a 'violent felony' under the Armed Career Criminal Act's force clause, 18 U.S.C. § 924(e)(2)(B)(i)
QUESTION PRESENTED ON REVIEW California state courts have authoritatively construed the state statute punishing assault with a deadly weapon, California Penal Code § 245(a)(1) and (2), as a “general intent” crime that lacks any requirement of a specific intent to harm, nor even the defendant’s knowledge that his or her conduct is likely to cause harm. The question presented here is whether an offense that does not require, at a minimum, a conscious disregard of a risk of harm, lacks an element of the “use of physical force against the person of another” as required to categorically qualify as a “violent felony” under the Armed Career Criminal Act’s force clause, 18 U.S.C. § 924(e)(2)(B)(@). i