The Ninth Circuit has determined that a Tennessee conviction for aggravated assault qualifies as a crime of violence.  The court noted that different punishments are prescribed for reckless and intentional conduct.  Thus, the alternative mens reas are alternative elements.  A conviction for intentional conduct under the statute qualifies as a crime of violence, as it requires the infliction of serious bodily injury or the use or display of a deadly weapon.  Therefore, force more violent than mere offense touching is required to sustain a conviction.  Given the similarity between the definition of a crime of violence under the sentencing guidelines and a crime of violence in the immigration context, this decision will likely have persuasive value in the immigration context.

The full text of US v. Perez-Silvan can be found here: