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9th Circuit: Restitution Order Vacated

USA v. Randly Begay Docket: 14-10080, Opinion Date: May 5, 2022. Challenging his second-degree murder conviction, Defendant argued on appeal that the district court erred by failing to instruct the jury that the government bore the burden of proving beyond a reasonable doubt that Defendant did not act upon a sudden quarrel or in the heat of passion. The en banc court could not conclude on the record that the district court plainly erred. Challenging his Section 924(c) conviction for discharging a firearm during a crime of violence, Defendant argued that second-degree murder can be committed recklessly under Section 1111(a) and that, under the categorical approach, “crime of violence” does not encompass offenses that can be committed with a reckless mens rea.

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