Case Summaries: Fourth Circuit Court of Appeals (June 2022)

This post summarizes published criminal decisions released by the Fourth Circuit Court of Appeals during June 2022. Decisions that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries are available here. North Carolina offense of assault by strangulation qualifies as a felony crime of violence U.S. v. Rice, 36 F.4th 578 (June 9, 2022). In this case from the Western District of North Carolina, the defendant pled guilty to possession of a firearm by felon in federal court. The district court found that the defendant’s prior North Carolina state conviction for assault by strangulation qualified as felony crime of violence over the defendant’s objection and applied a sentencing enhancement, increasing the sentencing exposure. The defendant appealed, arguing that the state offense did not qualify as a crime of violence. The Fourth Circuit disagreed and affirmed. Under the categorical approach, simple assault and assault on female do not qualify as crimes of violence because they may be committed by culpable negligence. See U.S. v. Vinson, 805 F.3d 12 (4th Cir. 2015). Assault by strangulation, by contrast, requires an intentional act, and no North Carolina case has ever held that the offense could be committed by mere negligence or recklessness. “A person cannot commit the act of strangling without knowing or intending it.” Rice Slip op. at 10. The pattern jury instruction for the offense also requires “intentional” strangling. See N.C.P.I. Crim. 208.61. The sentence was therefore affirmed. Judge King dissented and would have held that the [...]