United States v. Castleman
United States v. Castleman
Opinion
*159
Recognizing that "[f]irearms and domestic strife are a potentially deadly combination,"
United States v. Hayes,
I
A
This country witnesses more than a million acts of domestic violence, and hundreds of deaths from domestic violence,
*160
each year.
1
See
Georgia v. Randolph,
Congress enacted § 922(g)(9), in light of these sobering facts, to " 'close [a] dangerous loophole' " in the gun control laws: While felons had long been barred from possessing guns, many perpetrators of domestic violence are convicted only of misdemeanors.
Hayes,
*161 "an offense that ... (i) is a misdemeanor under Federal, State, or Tribal law; and (ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim." § 921(a)(33)(A).
This case concerns the meaning of one phrase in this definition: "the use ... of physical force."
B
In 2001, Castleman was charged in a Tennessee court with having "intentionally or knowingly cause[d] bodily injury to" the mother of his child, in violation of Tenn.Code Ann. § 39-13-111(b) (Supp. 2002). App. 27. He pleaded guilty. Id., at 29.
In 2008, federal authorities learned that Castleman was selling firearms on the black market. A grand jury in the Western District of Tennessee indicted him on two counts of violating § 922(g)(9) and on other charges not relevant here. Id., at 13-16.
Castleman moved to dismiss the § 922(g)(9) charges, arguing that his Tennessee conviction did not qualify as a "misdemeanor crime of domestic violence" because it did not "ha[ve], as an element, the use ... of physical force," § 921(a)(33)(A)(ii). The District Court agreed, on the theory that "the 'use of physical force' for § 922(g)(9) purposes" must entail "violent contact with the victim." App. to Pet. for Cert. 40a. The court held that a conviction under the relevant Tennessee statute cannot qualify as a "misdemeanor crime of domestic violence" because one can cause bodily injury without "violent contact"-for example, by "deceiving *162 [the victim] into drinking a poisoned beverage." Id., at 41a.
A divided panel of the U.S. Court of Appeals for the Sixth Circuit affirmed, by different reasoning.
The Sixth Circuit's decision deepened a split of authority among the Courts of Appeals. Compare,
e.g.,
United States v. Nason,
II
A
"It is a settled principle of interpretation that, absent other indication, 'Congress intends to incorporate the well-settled meaning of the common-law terms it uses.' "
Sekhar v. United States,
570 U.S. ----, ----,
Johnson
resolves this case in the Government's favor-not, as the Sixth Circuit held, in Castleman's. In
Johnson,
we considered whether a battery conviction was a "violent felony" under the Armed Career Criminal Act (ACCA), § 924(e)(1). As here, ACCA defines such a crime as one that "has as an element the use ... of physical force," § 924(e)(2)(B)(i). We began by observing that at common law, the element of force in the crime of battery was "satisfied by even the slightest offensive touching."
*1411
*164
First, because perpetrators of domestic violence are " routinely prosecuted under generally applicable assault or battery laws,"
Hayes,
Second, whereas the word "violent" or "violence" standing alone "connotes a substantial degree of force,"
id., at 140,
Minor uses of force may not constitute "violence" in the generic sense. For example, in an opinion that we cited with approval in
Johnson,
the Seventh Circuit noted that it
*166
was "hard to describe ... as 'violence' " "a squeeze of the arm [that] causes a bruise."
Flores v. Ashcroft,
Justice SCALIA'S concurrence discounts our reference to social-science definitions of "domestic violence," including those used by the organizations most directly engaged with the problem and thus most aware of its dimensions. See post, at 1420 - 1422. It is important to keep in mind, however, that the operative phrase we are construing is not "domestic violence"; it is "physical force." § 921(a)(33)(A). "Physical force" has a presumptive common-law meaning, and the question is simply whether that presumptive meaning makes sense in defining a "misdemeanor crime of domestic violence." 6
A third reason for distinguishing Johnson 's definition of "physical force" is that unlike in Johnson -where a determination that the defendant's crime was a "violent felony" would have classified him as an "armed career criminal"-the statute here groups those convicted of "misdemeanor crimes of domestic violence" with others whose conduct does not warrant such a designation. Section 922(g) bars gun possession by anyone "addicted to any controlled substance," § 922(g)(3) ;
*167
by most people who have "been admitted to the United States under a nonimmigrant visa," § 922(g)(5)(B) ; by anyone who has renounced United States citizenship, § 922(g)(7) ; and by anyone subject to a domestic restraining order, § 922(g)(8). Whereas we have hesitated (as in
Johnson
) to apply the Armed Career Criminal Act to "crimes which, though dangerous, are not typically committed by those whom one normally labels 'armed career criminals,' "
Begay v. United States,
*1413
An additional reason to read the statute as we do is that a contrary reading would have rendered § 922(g)(9) inoperative in many States at the time of its enactment. The "assault or battery laws" under which "domestic abusers were ... routinely prosecuted" when Congress enacted § 922(g)(9), and under which many are still prosecuted today,
Hayes,
In sum, Johnson requires that we attribute the common-law meaning of "force" to § 921(a)(33)(A)'s definition of a "misdemeanor crime of domestic violence" as an offense that "has, as an element, the use or attempted use of physical force." We therefore hold that the requirement of "physical force" is satisfied, for purposes of § 922(g)(9), by the degree of force that supports a common-law battery conviction.
B
Applying this definition of "physical force," we conclude that Castleman's conviction qualifies as a "misdemeanor crime of domestic violence." In doing so, we follow the analytic approach of
Taylor v. United States,
The Tennessee statute under which Castleman was convicted made it a crime to "commi[t] an assault ... against" a "family or household member"-in Castleman's case, the mother of his child. Tenn.Code Ann. § 39-13-111(b). A provision incorporated by reference, § 39-13-101, defined three types of assault: "(1) [i]ntentionally, knowingly or recklessly caus[ing] bodily injury to another; (2) [i]ntentionally or knowingly caus[ing] another to reasonably fear imminent bodily injury; or (3) [i]ntentionally or knowingly caus[ing] physical contact with another" in a manner that a "reasonable person would regard ... as extremely offensive or provocative." § 39-13-101(a).
*169 It does not appear that every type of assault defined by § 39-13-101 necessarily *1414 involves "the use or attempted use of physical force, or the threatened use of a deadly weapon," § 921(a)(33)(A). A threat under § 39-13-101(2) may not necessarily involve a deadly weapon, and the merely reckless causation of bodily injury under § 39-13-101(1) may not be a "use" of force. 8
But we need not decide whether a domestic assault conviction in Tennessee categorically constitutes a "misdemeanor crime of domestic violence," because the parties do not contest that § 39-13-101 is a " 'divisible statute,' "
Descamps v. United States,
570 U.S. ----, ----,
*170 First, a "bodily injury" must result from "physical force." Under Tennessee law, "bodily injury" is a broad term: It "includes a cut, abrasion, bruise, burn or disfigurement; physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty." Tenn.Code Ann. § 39-11-106(a)(2) (1997). Justice SCALIA'S concurrence suggests that these forms of injury necessitate violent force, under Johnson 's definition of that phrase. Post, at 1417. But whether or not that is so-a question we do not decide-these forms of injury do necessitate force in the common-law sense.
The District Court thought otherwise, reasoning that one can cause bodily injury "without the 'use of physical force' "-for example, by "deceiving [the victim] into drinking a poisoned beverage, without making contact of any kind." App. to Pet. for Cert. 41a. But as we explained in
Johnson,
"physical force" is simply "force exerted by and through concrete bodies," as opposed to "intellectual force or emotional force." 559 U.S., at 138,
Second, the knowing or intentional application of force is a "use" of force. Castleman is correct that under
Leocal v. Ashcroft,
Because Castleman's indictment makes clear that the use of physical force was an element of his conviction, that conviction qualifies as a "misdemeanor crime of domestic violence."
III
We are not persuaded by Castleman's nontextual arguments against our interpretation of § 922(g)(9).
A
First, Castleman invokes § 922(g)(9)'s legislative history to suggest that Congress could not have intended for the provision to apply to acts involving minimal force. But to the extent that legislative history can aid in the interpretation of this statute, Castleman's reliance on it is unpersuasive.
Castleman begins by observing that during the debate over § 922(g)(9), several Senators argued that the provision would help to prevent gun violence by perpetrators of severe domestic abuse. Senator Lautenberg referred to "serious
*172
spousal or child abuse" and to "violent individuals"; Senator Hutchison to " 'people who batter their wives' "; Senator Wellstone to people who "brutalize" their wives or children; and Senator Feinstein to "severe and recurring domestic violence." 142 Cong. Rec. 22985-22986, 22988. But as we noted above, see
supra,
at 1414, the impetus of § 922(g)(9) was that even perpetrators of severe domestic violence are often convicted "under generally applicable assault or battery laws."
Hayes,
Castleman next observes that § 922(g)(9) is the product of a legislative compromise. The provision originally barred gun possession for any "crime of domestic violence," defined as any "felony or misdemeanor crime of violence, regardless of length, term, or manner of punishment."
*1416
142 Cong. Rec. 5840. Congress rewrote the provision to require the use of physical force in response to the concern "that the term crime of violence was too broad, and could be interpreted to include an act such as cutting up a credit card with a pair of scissors,"
id.,
at 26675. See
Hayes,
B
We are similarly unmoved by Castleman's invocation of the rule of lenity. Castleman is correct that our "construction of a criminal statute must be guided by the need for fair warning."
Crandon v. United States,
C
Finally, Castleman suggests-in a single paragraph-that we should read § 922(g)(9) narrowly because it implicates his constitutional right to keep and bear arms. But Castleman has not challenged the constitutionality of § 922(g)(9), either on its face or as applied to him, and the meaning of the statute is sufficiently clear that we need not indulge Castleman's cursory nod to constitutional avoidance concerns.
* * *
Castleman's conviction for having "intentionally or knowingly cause[d] bodily injury to" the mother of his child qualifies as a "misdemeanor crime of domestic violence." The judgment of the United States Court of Appeals for the Sixth Circuit is therefore reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice SCALIA, concurring in part and concurring in the judgment.
I agree with the Court that intentionally or knowingly causing bodily injury to a family member "has, as an element, the use ... of physical force," 18 U.S.C. § § 921(a)(33)(A)(ii), and thus constitutes a "misdemeanor crime of domestic violence," § 922(g)(9). I write separately, however, because I reach that conclusion on narrower grounds.
I
Our decision in
Johnson v. United States,
There are good reasons to give the phrase
Johnson
's interpretation. One is the presumption of consistent usage-the rule of thumb that a term generally means the same thing each time it is used. Although the presumption is most commonly applied to terms appearing in the same enactment,
e.g.,
IBP, Inc. v. Alvarez,
Respondent's arguments fail to overcome the presumption of consistent usage. In respondent's view, "physical force" cannot mean " any force that produces any pain or bodily injury," Brief for Respondent 25, because § 921(a)(33)(A)(ii)
*175
defines a
violent
crime and one can inflict all sorts of minor injuries-bruises, paper cuts, etc.-by engaging in
nonviolent
behavior. Respondent therefore reasons that § 921(a)(33)(A)(ii) requires force capable of inflicting "serious" bodily injury. That requirement is more demanding than both of the plausible meanings of "physical force" we identified in
Johnson
: common-law offensive touching (which
Johnson
rejected) and force capable of causing physical pain or injury, serious or otherwise. See 559 U.S., at 138-140,
For these reasons, I would give "physical force" the same meaning in § 921(a)(33)(A)(ii) as in
Johnson
. The rest of the analysis is straightforward. Because "intentionally or knowingly caus[ing] bodily injury," App. 27, categorically involves the use of "force capable of causing physical pain or injury to another person," 559 U.S., at 140,
II
Unfortunately, the Court bypasses that narrower interpretation of § 921(a)(33)(A)(ii) in favor of a much broader one that treats any offensive touching, no matter how slight, as sufficient. That expansive common-law definition
*1418
cannot be squared with relevant precedent or statutory text.
*176
We have twice addressed the meaning of "physical force" in the context of provisions that define a class of violent crimes. Both times, we concluded that "physical force" means violent force. In
Johnson,
we thought it "clear that in the context of a statutory definition of '
violent
felony,' the phrase 'physical force' means
violent
force."
Id., at 140,
The Court gives four responses that merit discussion, none of which withstands scrutiny. First, the Court invokes the " 'settled principle of interpretation that, absent other indication, "Congress intends to incorporate the well-settled meaning of the common-law terms it uses." ' "
Ante,
at 1410 (quoting
Sekhar v. United States,
570 U.S. ----, ----,
*177
Sekhar,
Second, the Court asserts that any interpretation of "physical force" that excludes offensive touching "would have rendered § 922(g)(9) inoperative in many States at the time of its enactment."
Ante,
at 1413. But there is no interpretive principle to the effect that statutes must be given their broadest possible application, and § 922(g)(9) without offensive touching would have had application in four-fifths of the States. Although domestic violence was "routinely prosecuted" under misdemeanor assault or battery statutes when Congress enacted § 922(g)(9),
United States v. Hayes,
Third, the Court seizes on the one and only meaningful distinction between § 921(a)(33)(A)(ii) and the other provisions referred to above: that it defines a violent "misdemeanor" rather than a "violent felony" or an undifferentiated "crime of violence."
Ante,
at 1410 - 1411. We properly take account of the term being defined when interpreting "an unclear definitional phrase."
United States v. Stevens,
Fourth, and finally, the Court seeks to evade Johnson and Leocal on the ground that " 'domestic violence' encompasses a range of force broader than that which constitutes 'violence' simpliciter ." Ante, at 1411, n. 4. That is to say, an act need not be violent to qualify as "domestic violence." That absurdity is not only at war with the English language, it is flatly inconsistent with definitions of "domestic violence" from the period surrounding § 921(a)(33)(A)(ii)'s enactment. At the time, dictionaries defined "domestic violence" as, for instance, "[v]iolence between members of a household, usu. spouses; an assault or other violent act committed by one member of a household against another," Black's Law Dictionary 1564 (7th ed. 1999), and "[v]iolence toward or physical *180 abuse of one's spouse or domestic partner," American Heritage Dictionary 534 (4th ed. 2000). 6 Those definitions, combined with the absence of "domestic violence" entries in earlier dictionaries, see, e.g., Black's Law Dictionary 484 (6th ed. 1990); American Heritage Dictionary 550 (3d ed. 1992), make it utterly implausible that Congress adopted a "term of art" definition "encompassing acts that one might not characterize as 'violent' in a nondomestic context," ante, at 1411.
The Court's inventive, nonviolent definition fares no better when judged against other accepted sources of meaning. Current dictionaries give "domestic violence" the same meaning as above: ordinary violence that occurs in a domestic context. See,
e.g.,
American Heritage Dictionary 533 (5th ed. 2011) ("[p]hysical abuse of a household member, especially one's spouse or domestic partner"). The same goes for definitions of "domestic violence" found in other federal statutes.
7
Indeed, Congress defined "crime of domestic violence" as a "crime of violence" in another section of the same bill that enacted § 921(a)(33)(A)(ii). See § 350(a),
The Court ignores these authorities and instead bases its definition on an amicus brief filed by the National Network *181 to End Domestic Violence and other private organizations, 8 and two publications issued *1421 by the Department of Justice's Office on Violence Against Women. The amicus brief provides a series of definitions-drawn from law-review articles, foreign-government bureaus, and similar sources-that include such a wide range of nonviolent and even nonphysical conduct that they cannot possibly be relevant to the meaning of a statute requiring " physical force," or to the legal meaning of "domestic violence" (as opposed to the meaning desired by private and governmental advocacy groups). For example, amici 's definitions describe as "domestic violence" acts that " humiliate, isolate, frighten, ... [and] blame ... someone"; "acts of omission"; "excessive monitoring of a woman's behavior, repeated accusations of infidelity, and controlling with whom she has contact." Brief for National Network to End Domestic Violence et al. as Amici Curiae 5-8, and nn. 7, 11. The offerings of the Department of Justice's Office on Violence Against Women are equally capacious and (to put it mildly) unconventional. Its publications define "domestic violence" as "a pattern of abusive behavior ... used by one partner to gain or maintain power and control over another," including " [u]ndermining an individual's sense of self-worth," "name-calling," and " damaging one's relationship with his or her children." See, e.g., Domestic Violence, online at http://www.ovw.usdoj.gov/domviolence. htm (all Internet materials as visited Mar. 21, 2014, and available in the Clerk of Court's case file). 9 *182 Of course these private organizations and the Department of Justice's (nonprosecuting) Office are entitled to define "domestic violence" any way they want for their own purposes-purposes that can include (quite literally) giving all domestic behavior harmful to women a bad name. (What is more abhorrent than violence against women?) But when they (and the Court) impose their all-embracing definition on the rest of us, they not only distort the law, they impoverish the language. When everything is domestic violence, nothing is. Congress will have to come up with a new word (I cannot imagine what it would be) to denote actual domestic violence .
Although the Justice Department's definitions ought to be deemed unreliable
in toto
on the basis of their extravagant extensions alone (
falsus in uno, falsus in omnibus
), the Court chooses to focus only upon the physical actions that they include, viz., "[h]itting, slapping, shoving, grabbing, pinching, biting, [and] hair pulling."
*1422
Johnson,
This is a straightforward statutory-interpretation case that the parties and the Court have needlessly complicated. Precedent, text, and common sense all dictate that the term "physical force," when used to define a "misdemeanor crime of domestic violence," requires force capable of causing physical pain or bodily injury.
Justice ALITO, with whom Justice THOMAS joins, concurring in the judgment.
The decision in this case turns on the meaning of the phrase "has, as an element, the use ... of physical force."
The Court of Appeals in the present case understandably followed the reasoning of Johnson, but now this Court holds that Johnson actually dictates that the identical statutory *184 language be interpreted in exactly the same way that the Johnson majority rejected. See ante, at 1410.
In my view, the meaning of the contested statutory language is the same now as it was four years ago in
Johnson,
and therefore, for the reasons set out in my
Johnson
dissent, I would not extend the reasoning of
Johnson
to the question presented here, on which the
Johnson
Court specifically reserved judgment. 559 U.S., at 143-144,
See Dept. of Justice (DOJ), Bureau of Justice Statistics (BJS), J. Truman, L. Langton, & M. Planty, Criminal Victimization 2012 (Oct. 2013) (Table 1) (1,259,390 incidents of domestic violence in 2012), online at http://www.bjs.gov/content/pub/pdf/cv12.pdf (all Internet materials as visited Mar. 19, 2014, and available in Clerk of Court's case file); DOJ, BJS, C. Rennison, Crime Data Brief, Intimate Partner Violence, 1993-2001, p. 1 (Feb. 2003) (violence among intimate partners caused deaths of 1,247 women and 440 men in 2000), online at http://www.bjs. gov/content/pub/pdf/ipv01.pdf.
We explained that the word "physical" did not add much to the word "force," except to distinguish "force exerted by and through concrete bodies ... from, for example, intellectual force or emotional force."
Johnson,
Johnson
specifically reserved the question whether our definition of "physical force" would extend to
This portion of
Johnson
's analysis relied heavily on
Leocal v. Ashcroft,
The Courts of Appeals have generally held that mere offensive touching cannot constitute the "physical force" necessary to a "crime of violence," just as we held in
Johnson
that it could not constitute the "physical force" necessary to a "violent felony." See
Karimi v. Holder,
We note, as does Justice SCALIA'S concurrence,
post,
at 1420, and n. 7, that federal law elsewhere defines "domestic violence" in more limited terms: For example, a provision of the Immigration and Nationality Act defines a " 'crime of domestic violence' " as "any crime of violence (as defined by [
See also A. Ganley, Understanding Domestic Violence, in Improving the Health Care Response to Domestic Violence: A Resource Manual for Health Care Providers 18 (2d ed. 1996), online at http://www.futures withoutviolence.org/userfiles/file/HealthCare/improving_healthcare_manual_ 1.pdf (physical forms of domestic violence "may include spitting, scratching, biting, grabbing, shaking, shoving, pushing, restraining, throwing, twisting, [or] slapping"); M. McCue, Domestic Violence: A Reference Handbook 6 (1995) (noting that physical forms of domestic violence "may begin with relatively minor assaults such as painful pinching or squeezing").
The concurrence's reliance on definitions of "domestic violence" in other statutory provisions, see
post,
at 1420, and n. 7, is similarly unpersuasive. These other provisions show that when Congress wished to define "domestic violence" as a type of "violence"
simpliciter,
it knew how to do so. That it did not do so here suggests, if anything, that it did not mean to. See,
e.g.,
Custis v. United States,
See U.S. Census Bureau, Time Series of Intercensal State Population Estimates: April 1, 1990 to April 1, 2000, online at http:// www.census.gov/popest/data/intercensal/st-co/files/CO-EST2001-12-00.pdf (estimating state and national populations as of July 1, 1996).
We held in
Leocal
that " 'use' requires active employment," rather "than negligent or merely accidental conduct."
Respondent argues at length that Tenn.Code Ann. § 39-13-111(b) (2013 Supp.) does not require the "use" of physical force, since it is possible to cause bodily injury through deceit or other nonviolent means. Brief for Respondent 30-42. The argument fails for the reasons given by the Court. See ante, at 1414 - 1415.
Section § 921(a)(33)(A)(ii) was enacted in 1996. See § 658,
See Ala.Code § 13A-6-22 (1995) ;
See Ariz.Rev.Stat. Ann. § 13-1203 (Westlaw 1995); Del.Code Ann., Tit. 11, §§ 601, 611 (1995);
See Cal.Penal Code Ann. § 242 (Westlaw 1996); La.Rev.Stat. Ann. § 14:33 (Westlaw 1996); Mass. Gen. Laws, ch. 265, § 13A (West 1994) ;
Definitions of "physical force" from the same period are also at odds with the Court's nonviolent interpretation of that phrase. See Black's Law Dictionary 656 (7th ed. 1999) ("[f]orce consisting in a physical act, esp. a violent act directed against a robbery victim");
See,
e.g.,
The other organizations on the brief are the National Domestic Violence Hotline, the Domestic Violence Legal Empowerment and Appeals Project, Legal Momentum, and innumerable state organizations against domestic violence.
The Court refers in a footnote to two additional social-science definitions, neither of which aids the Court's cause. See ante, at 1411 - 1412, n. 5. The first is drawn from a health-care manual that provides "a behavioral definition of domestic violence ... rather than a legal definition, since a behavioral definition is more comprehensive and more relevant to the health care setting." A. Ganley, Understanding Domestic Violence, in Improving the Health Care Response to Domestic Violence: A Resource Manual for Health Care Providers 18 (2d ed. 1996) (emphasis added), online at http://www.futureswithoutviolence. org/userfiles/file/HealthCare/improving_healthcare_manual_1.pdf. Here, of course, we are concerned with the less comprehensive legal definition. The second definition referred to in the footnote equates domestic violence with "overt violence," which in its least serious form consists of " painful pinching or squeezing." M. McCue, Domestic Violence: A Reference Handbook 6 (1995) (emphasis added). That meaning is consistent with Johnson 's definition of "physical force," but it plainly does not include harmless offensive touching.
See, e.g., National Network to End Domestic Violence, Reauthorize The Family Violence Prevention and Services Act 1 (Sept. 22, 2010) (advocating the expansion of a program assisting victims of domestic violence to include victims of "dating violence" and thereby "ensure that all victims in danger can access services"), online at http://nnedv. org/downloads/Policy/FVPSA_fact_sheet_9-22-10.pdf.
* * *
Reference
- Full Case Name
- UNITED STATES, Petitioner v. James Alvin CASTLEMAN.
- Cited By
- 627 cases
- Status
- Published