U.S. v. Mann, 17-2117, 14cr3092 JP, 2018 WL 3798284 (Aug. 10, 2018) (NM, published): Mr. Mann was charged with violating 18 U.S.C. § 924(c)(1)(A)(iii) by discharging a firearm during and in relation to Assault resulting in serious bodily injury under 18 U.S.C. § 113(a)(6). Mr. Mann moved to dismiss the indictment, arguing that § 113(a)(6), is not a crime of violence within the meaning of § 924(c)(3)(A). The district court granted the motion to dismiss, reasoning that § 113(a)(6) is not a crime of violence because it is possible to violate the statute with a mens rea of recklessness. The Tenth Circuit reversed extended the reasoning of Voisine v. United States, 136 S.Ct. 2272 (2016) holding that reckless conduct qualifies as the volitional use of physical force against the person or property of another for purposes of § 924(c)(3)(A). The panel concluded that 18 USC § 113(a)(6) is categorically a crime of violence under 18 U.S.C. § 924(c)(3)(A).