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Alvarado-Linaresv.United States

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.19-14994
Decided2022-08-16
ReporterNo. 19-14994 (11th Cir. 2022)
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
Eleventh CircuitSection 2255Crime of ViolenceVICARMurderAttempted Murder18 U.S.C. § 924(c)Categorical Approach
Case Summary

An MS-13 member sought to vacate four firearm convictions under 18 U.S.C. § 924(c), arguing after United States v. Davis and Borden v. United States that the corresponding VICAR murder and attempted-murder offenses were not crimes of violence. The Eleventh Circuit rejected the collateral challenge. The relevant Georgia murder offenses required malice aforethought and therefore involved more than ordinary recklessness, while attempted murder required an intent to kill and a substantial step. Those predicates necessarily involved the use, attempted use, or threatened use of violent force under § 924(c)’s elements clause. The denial of Section 2255 relief was affirmed.

Opinion

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