In the context of a criminal sentencing case, the Eighth Circuit has determined that a Minnesota conviction for attempted drive by shooting is a violent felony under the force clause of the Armed Career Criminal Act (ACCA), even though the statute encompasses reckless conduct.  The ACCA's force clause is worded in a similar fashion to the definition of a crime of violence in the immigration context.  Thus, this case may indicate some of the immigration consequences of a conviction under this statute, depending on whether your circuit has defined crimes of violence to exclude reckless conduct.

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

http://media.ca8.uscourts.gov/opndir/16/09/153078P.pdf

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