In United States v. Jones, No. 17-12240 (Oct. 25, 2018) (Marcus, Tjoflat, Newsom), the Court held that Florida second-degree murder is a violent felony under the elements clause of the Armed Career Criminal Act.
The Court rejected the defendant’s primary argument that the use of poison did not constitute the use of physical force. Prior circuit precedent had rejected that exact argument in the context of Florida first-degree murder. And the only difference between first and second degree murder pertained to the mental state, which the Court found made no difference to the elements-clause analysis.