Third Circuit: USA v. Juan Ramos

Statute is divisible for purposes of modified categorical review despite the fact that governing precedent allows indictment and conviction without requiring the finder of fact to agree on the theory of the crime; i.e., a jury could split between the elements.

State statute categorically a crime of violence, as it is inconceivable that someone could try to injure another with a deadly weapon without using force.

http://www2.ca3.uscourts.gov/opinarch/172720p.pdf