KS Agg Battery a COV for Reentry Sentencing

U.S. v. Treto-Martinez, 2005 WL 2145840 (9/7/05) - Kansas aggravated battery is a crime of violence under § 2L1.2(b)(1)(A). Importantly for purposes of other prior battery convictions, the 10th noted that not all physical contact performed in a rude, insulting or angry manner satisfies the physical force element requirement of § 2L1.2(b)(1)(A). But, the 10th held "all intentional physical contact with a deadly weapon done in a rude, insulting or angry manner" does constitute the requisite physical force. Such conduct at least amounts to threatened use of physical force. The 10th also held that any physical contact "whereby great bodily harm, disfigurement or death can be inflicted" constitutes at least threatened use of physical force under § 2L1.2(b)(1)(A). The non-constitutional Booker error fails the 10th's plain error reversal standard.