The Eighth Circuit has determined that an Arkansas conviction for aggravated assault and a South Carolina conviction for pointing a firearm at another person are both crimes of violence for federal sentencing purposes. With respect to the Arkansas aggravated assault conviction, the court held that the statute is divisible, and subsection (a)(1) is not a crime of violence. However, subsection (a)(2), which criminalizes displaying a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person, necessarily involves the threatened use of violent force. With respect to the South Carolina firearms conviction, the court deferred to prior precedent finding that that pointing a gun at another person qualifies as a crime of violence.

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