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U.S. v. MANN

No. 17-2117.

899 F.3d 898 (2018)

UNITED STATES of America, Plaintiff-Appellant, v. Clay O'Brien MANN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 10, 2018.

Attorney(s) appearing for the Case

Finnuala K. Tessier , Attorney, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C. ( Kenneth A. Blanco , previous Acting Assistant Attorney General, and Trevor N. McFadden , previous Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C., with her on the opening brief; John P. Cronan , Acting Assistant Attorney General, United States Department of Justice, Washington, D.C., with her on the reply brief; James D. Tierney , Acting United States Attorney, Paige Messec , Assistant United States Attorney, and James R. W. Braun , Appellate Chief, District of New Mexico, Albuquerque, New Mexico, with her on the opening and reply briefs), for Plaintiff-Appellant.

Brian A. Pori , Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellee.

Before MATHESON, McKAY, and McHUGH, Circuit Judges.

This case forces us to decide whether assault resulting in serious bodily injury, 18 U.S.C. § 113(a)(6), is a crime of violence under 18 U.S.C. § 924(c)(3)(A). We hold that it is. Because the district court concluded otherwise, we reverse its judgment and remand for further proceedings consistent with this opinion...

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