What is the base offense level for a crime of violence?

Section 2K2.1(a)(4)(A) states that the base offense level is 20 if "the defendant had one prior felony conviction of either a crime of violence or a controlled substance offense." U.S.S.G. S 2K2.1(a)(4)(A). A crime of violence is "any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that (1) has as an element the use, attempted use or threatened use of physical force against the person of another, or (2) . . . involves conduct that presents a serious potential risk of physical injury to another." Id. S 4B1.2(a)(1). To determine whether a prior conviction is a crime of violence, a district court must look to the language of the statute and the conduct charged rather than the actual underlying conduct.⁶ United States v. Bailey, 139 F.3d 667, 668 (9th Cir. 1998).