The Eighth Circuit has determined that an Iowa conviction for assault while using or displaying a dangerous weapon qualifies as a crime of violence under the sentencing guidelines because the requirement of intentionally pointing any firearm toward another and the requirement of displaying in a threatening manner any dangerous weapon toward another categorically constitute a threatened use of physical force.  Given the similarity between the definition of a crime of violence under sentencing law and a crime of violence under immigration law, an Iowa conviction for assault while using or displaying a dangerous weapon likely also qualifies as a crime of violence for immigration purposes.

The full text of United States v. Boots can be found here: http://media.ca8.uscourts.gov/opndir/16/03/151503P.pdf

Comment