United States v. Joe Benally

ORDER

The opinion filed on August 1, 2016 is amended as follows:

Replace the portion of the opinion that runs from the second paragraph of page 9 of the slip opinion (beginning <Leocal explicitly leaves open the question whether ... >) through the end of the penultimate paragraph on page 10 (which ends < ... and is no longer good law.>) with:

<After Leocal, we held that “neither recklessness nor gross negligence is a sufficient mens rea to establish that a convi,ction is for a crime of violence under § 16.” Femandez-Ruiz, 466 F.3d at 1130. This June, the Supreme Court suggested the opposite, and…