In the context of a federal criminal sentencing hearing, the Ninth Circuit determined that Hawaii's second-degree escape statute is not a crime of violence.  The statute does not include an element of the use, attempted use, or threatened use of physical force against the person of another, and does not present a serious potential risk of physical injury to another.  

 

The full text of US v. Simmons can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2015/04/03/11-10459.pdf

Comment