Crime of Violence analysis

U.S. v. Ruvalcaba, http://www.ca6.uscourts.gov/opinions.pdf/10a0390p-06.pdf (published, 12/22/2010).

In this sentencing enhancement case, the Court applied the modified categorical approach to the offender's prior convictions and refsued an invitation to look at the actual conduct.  Applying this approach, the Court concluded that the two convictions for discharging a firearm at or into a habitation in violation of Ohio R.C. 2923.161(A)(A) are crimes of violence.

First, the Court found that there is a serious, inherent potential risk of physical injury, even if the structure is unoccupied.