Under what circumstances will a defendant be convicted of a crime of violence?

"We use the categorical approach . . . to determine whether a defendant's prior conviction satisfies the Guidelines definition of a crime of violence." United States v. Crews, 621 F.3d 849, 851 (9th Cir. 2010). Under the categorical approach:

James v. United States, 550 U.S. 192, 202 (2007) (internal quotation marks and citation omitted). It is not "requir[ed] that every conceivable factual offense covered by a statute [of conviction] must necessarily" fit into the sentence-enhancing category; "[r]ather, the proper inquiry is whether the conduct encompassed by the elements of the offense [of conviction],

Page 8

in the ordinary case," fit into the sentence-enhancing category.³ Id. at 208 (emphasis added).