US v. Evans, No. 11-3460 (6th Cir. Nov. 15, 2012) (published)
In this criminal sentencing case, the court found that an Ohio conviction for assault on a police officer is a crime of violence because it requires the use of force: it is violated by knowingly causing or attempting to cause physical harm to another." Even a scratch requires sufficiently violent force to qualify as a crime of violence. It also presents a serious potential risk of physical injury.
This decision conflicts with McMurray, which the Court distinguishes and dismisses as dicta, so how these cases will be decided remains to be seen.
Thursday, November 15, 2012
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