The 9th held that Washington second-degree murder (felony murder) does not qualify as a crime of violence since it is overbroad and indivisible and rejected the Government’s argument, raised for the first time on appeal, that second-degree murder qualifies under the force clause given that Washington law imposes liability for negligent or even accidental felony murder. It also held that second degree assault does not qualify as a crime of violence under the enumerated clause, rejecting the Government’s argument that it is a categorical match for “aggravated assault” (9th had already ruled that the statute is indivisible and does not qualify under the force clause).
Congratulations to Alan and Mo Hamoudi! Here’s the opinion.