Where a District Court has extensively considered merits, forfeited timeliness challenges to Habeas shouldn't be entertained on appeal.
As prior panel had used the facts of the offense to determine whether it was a violent crime, as opposed to using them to identify which divisible element of the statute had been violated, petitioner's claim isn't barred by precedent.
Not a crime of violence under modified categorical.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0105p-06.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.