In United States v. Fitzgerald, --- F.3d ---, No. 18-10116 (9th Cir. 2019), a divided panel held that attempted battery with substantial bodily harm in violation
of Nev. Rev. Stat. §§ 200.481(2)(b) and 193.330 qualifies as
a felony conviction for a crime of violence under U.S.S.G.
§ 2K2.1.
This decision applied the categorical approach to the elements clause and found the Nevada statute requires sufficient physical force.
Judge Fletcher dissented.
