U.S. v. GOBERT

No. 17-35970.

943 F.3d 878 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Kyle Joeaniel GOBERT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2019.


Attorney(s) appearing for the Case

David F. Ness , Assistant Federal Public Defender; Anthony R. Gallagher , Federal Defender; Federal Defenders of Montana, Great Falls, Montana; for Defendant-Appellant.

Timothy A. Tatarka , Assistant United States Attorney; Kurt G. Alme , United States Attorney; United States Attorney's Office, Billings, Montana; for Plaintiff-Appellee.

Before: Jerome Farris, Carlos T. Bea, and Morgan Christen, Circuit Judges.


OPINION

The sole question presented by this appeal is whether the offense of assault with a dangerous weapon described in 18 U.S.C. § 113(a)(3) is a crime of violence under 18 U.S.C. § 924(c)(3)(A). We hold that it is.

The facts underlying this case are straightforward and not in dispute. Kyle Joeaniel...

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