The Eighth Circuit has determined that a Minnesota conviction for third degree riot is not a crime of violence under the federal sentencing laws because it criminalizes the use of force against both people and property.  The court further determined that the statute is indivisible with respect to force applied against a person and force applied against property.  Given the similarity in the definition of a crime of violence under the sentencing laws and the immigration laws, this case could have persuasive value in the immigration context.

The full text of US v. McMillan can be found here:

http://media.ca8.uscourts.gov/opndir/17/07/162436P.pdf

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