NC Ents., L.L.C. v. Norfolk & W. Ry. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding California conviction for DUI causing bodily injury is not a crime of violence under § 16 because the phrase “use . . . against” implies a volitional act and California statute could be violated through mere negligence
• construing crimes of violence under 18 U.S.C. § 16 22 as “not…requiring specific intent, but rather merely a volitional act equivalent to 23 recklessness.” (emphasis added)
• interpreting “crime of violence” under 18 U.S.C. § 16 by referencing the dictionary definition and “ordinary, contemporary, and common parlance” of the statutory language setting forth the definition
• “Thus, recklessness requires conscious disregard of a risk of harm that the defendant is aware of — a volitional requirement absent in negligence.”
• “Thus, recklessness requires conscious disregard of a risk of harm that the defendant is aware of — a volitional requirement absent in negligence.”
• “Thus, recklessness requires conscious disregard of a risk of harm that the defen- dant is aware of — a volitional requirement absent in negli- gence.”

Source: CourtListener parenthetical corpus (CC0).