The Second Circuit determined that a conviction for second-degree assault in Connecticut is not categorically a crime of violence in the sentencing context because one subsection of the statute involves reckless conduct.  The court found that the statute was divisible, but rejected the District Court's reliance on a prosecutor's statements about the conduct underlying the offense because the defendant was never asked to confirm that rendition of the facts and pled guilty before the prosecutor made his factual assertions.  The court was not deterred by the government's argument that the defendant could not have pled guilty to an attempt to commit a reckless assault, as attempt to commit a reckless act is a legally impossible act.  

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