The Eighth Circuit has determined that an Illinois conviction for aggravated battery on a public way is a crime of violence under the federal sentencing guidelines. The Illinois definition of simple battery is divisible between force causing bodily injury (which qualifies as a crime of violence) and insulting or provocative touching (which does not qualify as a crime of violence). Applying the modified categorical approach, the court determined that the language of the charging document indicated that the petitioner was convicted of bodily injury battery.

The full text of U.S. v. Roman can be found here: