Is Section 125.20(1) of the Criminal Code defined as either "murder" or "voluntary manslaughter"?

The government renews its argument that the conduct described in Section 125.20(1) qualifies as either "murder" or "voluntary manslaughter" and an aggregation of the two counts would yield a majority of states criminalizing conduct encompassed by Section 125.20(1).¹¹ However, to read the enumerated offenses clause in this way would be to ignore its distinct structure. Whereas the force clause categorizes crime by type of conduct, the enumerated offenses clause lists them by individual crime, which in our legal system, correlates to a certain set of elements. The approach for which the government advocates is better suited for a residual clause analysis, not a distinct list of offenses.¹² Nor does the enumerated offenses clause list "homicide" as a qualifying offense; if that were the case, grouping various types of homicide crimes might be an acceptable approach. In the absence of these structures, the enumerated offenses should not be counted together. See United States v. Jicarilla Apache Nation , 564 U.S. 162, 185, 131 S.Ct. 2313, 180 L.Ed.2d 187 (2011) (explaining that courts should be "hesitant to adopt an interpretation of a congressional enactment which renders superfluous another portion of that same law" (internal quotation marks omitted)).

[990 F.3d 150]