Janis v. United States

□□□ □ FILED UNITED STATES DISTRICT COURT MAY 12 2022 DISTRICT OF SOUTH DAKOTA Dal WESTERN DIVISION Pag x TIFFANY JANIS, 5:20-CV-5043-CBK Petitioner, VS. UNITED STATES OF AMERICA, MEME OUST SD ORDES Respondent. I. BACKGROUND This Court must answer the question left unanswered in Borden v. United States,

141 S.Ct. 1817

(2021): does extreme recklessness offer sufficient mens rea to constitute a crime of violence under 18 U.S.C. § 924(c)(3)’s elements clause? Because the federal second-degree murder statute, and its malice aforethought element, always require the intentional killing of another…