United States v Hammons

Hammons appealed the denial of habeas petition arguing his drive by shooting convictions are not violent felonies. The panel affirmed. It held that under the categorical approach, Hammons three convictions for violating the Oklahoma drive by shooting statue are violent felonies as it requires intentional discharge of a weapon whether by the accused or someone else and there is no requirement the act be done by the defendant to be sentenced, it requires specific intent to use the car in question to intentionally discharge a weapon and the United States Supreme Court has held recklessness can satisfy the intent requirement as the focus is on whether an act is volitional and the inclusion of the phrase “other weapons” does not change the outcome as the statute requires discharge which is force and the Oklahoma Court of Criminal Appeals has interpreted the statute to be aimed at acts of force or violence and that a weapon is an instrumentality used to destroy defeat or injure another.