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: