United States v. Narvaez-Gomez, 489 F.3d 970 (9th Cir. Jun. 6, 2007) (California general intent offenses, such as willfully and maliciously discharging a firearm at an inhabited dwelling, under Penal Code 246, permit conviction for conduct showing a conscious indifference to the probable consequence that one or more projectiles will strike the target; the "conscious indifference" intent element is equivalent to recklessness.), citing Fernandez-Ruiz v. Gonzales, 466 F.3d 1121, 1132 (9th Cir.2006) (en banc) (limiting categorical crimes of violence to offenses committed through intentional use of force against the person of another rather than reckless or grossly negligent conduct)

jurisdiction: 
Ninth Circuit

 

TRANSLATE