DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
223452P.pdf 01/10/2024 Thomas Brewer v. United States
U.S. Court of Appeals Case No: 22-3452
U.S. District Court for the District of South Dakota - Western
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Loken, Circuit
Judge]
Criminal case - Sentencing. The court reaffirms that under Borden v.
United States, 141 S. Ct. 1817 (2021), voluntary manslaughter has as an
element the use of force against the person of another, and the district
court did not err in denying Brewer's motion Section 2255 to vacate his
sentence for discharging a firearm during and in relation to a crime of
violence on the ground that his accompanying conviction for voluntary
manslaughter was not a crime of violence.