United States v. Marcel Aparicio-Soria

I agree with the majority’s conclusion that the categorical approach applies here. See United States v. Gomez, 690 F.3d 194, 199 (4th Cir.2012).1 I disagree, however, *332with the majority’s determination, based on its freewheeling analysis of underlying conduct in a smattering of reported cases involving the Maryland offense of resisting arrest, that Maryland’s resisting arrest statute includes as an element the perpetrator’s use of “violent force” and thus categorically qualifies as a crime of violence under U.S.S.G. § 2L1.2(b)(l)(A)(ii), the applicable guideline.2

I

Under the categorical…