The Ninth Circuit determined that a mens rea of extreme indifference recklessness is insufficient to sustain a finding of an aggravated assault crime of violence.  As such, a conviction for aggravated assault in New Jersey encompasses conduct not covered by the generic definition of a crime of violence, and the conviction does not qualify as a crime of violence for federal sentencing purposes (and very possibly, for immigration purposes as well, since the Ninth Circuit's definition of a crime of violence under 18 U.S.C. 16(a) excludes reckless or negligent acts).  The court also noted that the New Jersey definition of "attempt" is broader than the federal definition.

The full text of United States v. Garcia Jimenez can be found here: