Wednesday, July 08, 2015

Illinois Attempted Murder Conviction Held to Be Crime of Violence in Reentry Case

U.S. v. Castro-Gomez, 2015 WL 4072122 (10th Cir. 7/6/15) (NM) - affirmance of district court ruling that Mr. Castro-Gomez's prior Illinois conviction for attempted murder was a crime of violence triggering the 16-level enhancement under USSG ยง 2L1.2(b)(1)(A)(ii). It did not matter that the Illinois statutory definition of murder was broader than its uniform generic counterpart; it defined murder as killing an individual with the intent to kill or do great bodily harm or with the knowledge that one's actions will cause death. An Illinois conviction for attempt to commit murder constituted a crime of violence because it required the specific intent to commit murder. Applying the language of the attempt statute thus cured the overbroad intent requirement in the murder statute that permitted conviction upon proof only of intent to do great bodily harm.