The Sixth Circuit has determined that Ohio convictions for robbery and complicity to commit aggravated robbery are crimes of violence under the sentencing guidelines because they require the actual or threatened infliction of physical harm, which is defined as “any injury, illness, or other physiological impairment, regardless of its gravity or duration.” The court concluded that for “physical harm” to result, one must have deployed “physical force capable of causing physical pain or injury,” and thus a conviction under either statute qualified as a crime of violence. Given the similar definitions of a crime of violence in the sentencing law and the immigration law, this case could have persuasive value in the immigration context.
The full text of United States v. Johnson can be found here:
http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0182p-06.pdf