In the context of a federal sentencing case, the Ninth Circuit determined that a Washington conviction for felony riot is not categorically a violent felony under the Armed Career Criminal Act because the "force" required under the statute is more broadly defined than the violent force required to be a violent felony.  Moreover, the fact a person must be "armed" to be convicted under the statute does not change the analysis, because the state law definition of armed includes a weapon within reaching distance, even if the defendant never made any attempt to use the weapon during the crime.

The court also determined that the statute is indivisible, and therefore, that the modified categorical approach cannot be employed.  Given the similarity between the definitions of "violent felony" in the criminal context and "crime of violence" in the immigration context, this case provides a good argument that a conviction under this statute is not a crime of violence in the immigration context. 

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