OK first-degree manslaughter not a serious violent felony

United States v. Leaverton, 2018 WL 3421620 (10th Cir. 7/16/18) (Okla.) (published) - Oklahoma first degree manslaughter is not a "serious violent felony" under the three-strikes provision of 18 U.S.C. § 3559(c), Although the state statute was divisible, the district court improperly relied on a minute entry from the state court docket sheet to determine the statutory subsection Leaverton was convicted under. This was disallowed by United States v. Abeyta, 877 F.3d 935, 942 (10th Cir. 2017), because Shepard documents are limited to conclusive records made or used in adjudicating guilt, which does not include docket sheets. And while manslaughter is an enumerated offense under § 3559(c)(2)(F)(i), Oklahoma manslaughter is not equivalent to generic manslaughter. The Oklahoma offense is broader than the Model Penal Code definition of manslaughter because the state offense does not require intent to kill. The government did not argue in the district court that Oklahoma manslaughter qualifies under the § 3559(c)(2)(F)(ii) elements clause, so the Tenth declines to consider that argument on appeal.