The Eighth Circuit has determined that a Texas conviction for second-degree robbery is a crime of violence under the federal sentencing guidelines and a violent felony under the Armed Career Criminal Act. The court determined that a conviction under the statute requires either actual bodily injury or a threat thereof. Thus, it “has as an element the use, attempted use, or threatened use of violent physical force,” which “is force capable of causing physical pain or injury to another person.” Given the similar definitions of a crime of violence aggravated felony in the immigration context and a crime of violence under the federal sentencing guidelines, this decision could have persuasive effect in immigration proceedings.
The full text of US v. Hall can be found here:
http://media.ca8.uscourts.gov/opndir/17/12/164479P.pdf