United States v. Jason Pyles
Opinion
Jason Lee Pyles pleaded guilty to being a felon in possession of a firearm in violation of
Section 5-26-306(a)(3) of the Arkansas Code provides:
(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely ... (3) Impedes or prevents the respiration of a family or household member or the circulation of a family or household member's blood by applying pressure on the throat or neck or by blocking the nose or mouth of a family or household member.
We apply a categorical approach to determine whether a violation of this statute constitutes a violent felony for ACCA purposes, looking to the elements of the offense as defined in the statute rather than to the facts underlying Pyles's conviction.
See
United States v. Parrow
,
At issue in this case is whether a violation of § 5-26-306(a)(3) is a violent felony under the ACCA's "force clause," which defines violent felonies to include "any crime punishable by imprisonment for a term exceeding one year ... that has as an element the use, attempted use, or threatened use of physical force against the person of another."
Pyles argues that a violation of § 5-26-306(a)(3) is not a violent felony because the statute could be violated by the use of minimal, non-violent force, such as removing a person's sleep apnea breathing machine. In
Parrow
, we concluded that Iowa's Domestic Abuse-Strangulation statute satisfied the requirement of violent force. "Knowingly strangulating another is categorically capable of causing physical pain or injury to another person because it requires proof that the victim's breathing or blood circulation was impaired by the defendant."
"[T]he proper inquiry is whether the conduct encompassed by the elements of the offense, in the ordinary case, involves the use, attempted use, or threatened use of physical force against the person of another."
United States v. Forrest
,
Seeking to distinguish this case from the Iowa statute at issue in
Parrow
, Pyles argues that a violation of § 5-26-306(a)(3) only requires a mens rea of recklessness when it provides, "under circumstances manifesting extreme indifference to the value of human life." We have held that, "at least in some circumstances, a crime involving a
mens rea
of mere recklessness does not [satisfy the force clause]."
United States v. Garcia-Longoria
,
The judgment of the district court is affirmed.
The Honorable P.K. Holmes, III, Chief Judge of the United States District Court for the Western District of Arkansas.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Jason Lee PYLES, Defendant-Appellant
- Cited By
- 6 cases
- Status
- Published