Petition of the day
on Mar 15, 2017 at 11:22 pm
The petition of the day is:
Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in holding that the causation of bodily injury necessarily establishes that an offense is a “crime of violence” within the meaning of 18 U.S.C. § 16(a), even if the offense does not have as an element the use, attempted use or threatened use of any force; and (2) whether the 9th Circuit erred in holding that the California offense of criminal threats, California Penal Code § 422(a) – which requires a threat of bodily injury but not the use, attempted use or threatened use of any force – is a “crime of violence” within the meaning of 18 U.S.C. § 16(a).