The Eighth Circuit has determined that a Missouri conviction for second-degree robbery is a violent felony under the Armed Career Criminal Act (ACCA). The statute has as an element the use of physical force upon another person or the threat of an immediate use of such force because it requires the use of force capable of preventing or overcoming resistance.  The court overruled its prior, contrary decision in United States v. Bell.  Given the similar definition of a violent felony under the ACCA and a crime of violence in the Immigration and Nationality Act, this decision could have persuasive value in the immigration context.

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