United States v. Mayer

Chief Judge KOZINSKI,

with whom Judges REINHARDT and W. FLETCHER join, dissenting from the denial of rehearing en banc:

This is a train wreck in the making.

The panel cleaves a formerly uniform doctrine — the Taylor categorical approach — into two branches. One approach for most things; a separate, incompatible version for a single clause of the Armed Career Criminal Act. This approach is novel, difficult to administer and will encourage future panels to splinter the categorical approach into even smaller pieces. That’s not all: The panel also reads ACCA’s residual clause so broadly that nearly…