Shooting pepper spray is a crime of violence

U.S. v. Mosley, (March 29, 2011) (published).

In this criminal sentencing case, the Court found that shooting pepper spray at another without justification, in violation of MCL 750.224d(2), is a crime of violence.

The Court applied the categorical approach and looked at the statutory definition of the crime, not the actual conduct. To carry a "serious potential risk physical injury to another," the court looked at the conduct encompassed by the "ordinary case."

The Court noted that the very purpose of pepper spray is to cause intense pain.  The Court examined the chemical makeup and the effect of the spray, comparing it to really really hot peppers.  The Court also noted that its improper use by law enforcement can constitute excessive force in violation of the Fourth Amendment.