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Brewer v. United States, 89 F.4th 1091

Facts

Thomas Brewer was convicted of voluntary manslaughter and discharging a firearm during a crime of violence after he shot and killed a man during a quarrel. He was sentenced to consecutive terms of imprisonment for both offenses. In 2020, Brewer filed a motion to vacate his sentence for the firearms offense, claiming that voluntary manslaughter no longer qualified as a 'crime of violence' under the statute prohibiting the use of a firearm during such a crime.

Brewer pleaded guilty in 2017 to voluntary manslaughter, see id. §§ 1112, 1153, and to discharge of a firearm during and in relation to a crime of violence, see id. § 924(c)(1)(A)(iii).

Issue

Does voluntary manslaughter qualify as a 'crime of violence' under 18 U.S.C. § 924(c)?

Does voluntary manslaughter qualify as a 'crime of violence' under 18 U.S.C. § 924(c)?

Rule

The term 'crime of violence' means an offense that is a felony and has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

The term crime of violence means an offense that is a felony and—(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Analysis

The court analyzed whether voluntary manslaughter meets the criteria for a 'crime of violence' by examining the mens rea required for the offense. It concluded that voluntary manslaughter requires more than ordinary recklessness and involves a general intent to kill or cause serious bodily injury, which satisfies the use of force requirement. The court reaffirmed that the mens rea of depraved heart recklessness is sufficient to establish that voluntary manslaughter involves the use of force against another person.

Assuming for the sake of analysis that we should address the question anew, we reaffirm after Borden that voluntary manslaughter has as an element the use of force against the person of another.

Conclusion

The Eighth Circuit affirmed the district court's denial of Brewer's motion to vacate his sentence, holding that voluntary manslaughter qualifies as a 'crime of violence' under the statute.

The judgment of the district court is affirmed.

Who won?

The United States prevailed in the case because the court upheld the classification of voluntary manslaughter as a 'crime of violence,' thereby affirming Brewer's conviction and sentence.

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