Sixth Circuit on "crime of violence"

USA v. Gibbs, http://www.ca6.uscourts.gov/opinions.pdf/10a0361p-06.pdf (published, 11/24/2010).

This case arose in the context of a challenge to the sentence in a criminal case.  The sentence was increased based on a determination that the defendant had prior convictions for crimes of violence. 

Applying the modified categorical approach, the court concluded that the following is a crime of violence: second degree home invasion (because it is a burglary offense and this is a sentencing case).

The following are not crimes of violence: Michigan's "walkaway prison escape, MCL 750.193(1).  The government conceded this.  And , resisting and obstructing an officer (MCL 750.479). The latter is a divisible statute because it can be violated either by physically injuring an officer or by failing to comply.  Because the record of conviction establishes that the defendant was convicted under the failing to comply prong, it is not a crime of violence.

While this is a sentencing and not an immigration case, the logic and reasoning should be instructive in the immigration context.