Oyebanji: NJ vehicular homicide not an aggravated felony

Filed 08/11/05, No. 03-4143
Oyebanji v. Atty Gen USA

The question here was whether the reckless use of force qualifies as a crime of violence. In Leocal, the Supreme Court held that a criminal DUI offense that either lacks a mens rea component or requires only a showing of negligence in the operation of a vehicle is not a crime of violence type of aggravated felony. The Court noted, however, that Leocal did not present “the question whether a state or federal offense that requires proof of the reckless use of force against a person or property of another qualifies as a crime of violence..."

The Third Circuit tackled the unanswered question and ruled that reckless use of force is not an aggravated felony. The Supreme Court's ruling suggested that for a crime to be a crime of violence type of aggravated felony, there must be active employment and a higher degree of intent than negligent or merely accidental conduct. The Third Circuit said there were arguments for and against both sides, but it held that recklessness is not enough to qualify a crime as a crime of violence type of aggravated felony.

It overturned the ruling by the district court and held the vehicular homicide crime was not an aggravated felony.