US v. Werle, No. 16-30181 (12-13-17)(per curiam w/O’Scannlain, Tallman, and Watford).

The 9th finds that a Washington state conviction for felony harassment is a COV under the Sentencing Guidelines. 

The 9th focuses solely on the felony harassment, the subsection of conviction, because the general harassment statute is categorically overbroad. The divisible subsection requires a threat to kill. Such a threat has a mens rea of intent and so qualifies. 

The 9th rejects defendant’s arguments that the threat may be too far in the future to be viable or evidence intent; that it may be negligent; and that it may not require force such as poison.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/12/13/16-30181.pdf