Brewer v U.S.: Defendant, pled guilty to both Voluntary Manslaughter and also to the offense of “discharging a firearm during and in relation to a crime of violence.” He was sentenced to 97 months and 120 months, to run consecutively. Thereafter, Defendant moved to vacate the firearm conviction on the grounds that manslaughter is not a crime of violence. The trial court denied relief (Hon. Lawrence L. Pierson). The 8^th Circuit affirmed, holding, “voluntary manslaughter has as an element the use of force against the person of another.”

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Current Opinions are for Wednesday, January 10, 2024 

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  223452P.pdf     01/10/2024  Thomas Brewer  v.  United States

   U.S. Court of Appeals Case No:  22-3452

   U.S. District Court for the District of South Dakota - Western   

   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Loken, Circuit Judge] 

   Criminal case - Sentencing. The court reaffirms that under Borden v. 

   United States, 141 S. Ct. 1817 (2021), voluntary manslaughter has as an element the use of force against the person of another, and the district court did not err in denying Brewer's motion Section 2255 to vacate his sentence for discharging a firearm during and in relation to a crime of violence on the ground that his accompanying conviction for voluntary manslaughter was not a crime of violence.