In United States v. Chavez-Echeverria, the appeals court addressed whether a prior Oregon conviction for attempted first-degree assault qualified as a predicate 'crime of violence' that could enhance the defendant's base offense level under U.S.S.G. ยง 2K2.1(a)(1). The enhanced sentencing provision requires defendants to have previously sustained at least two felony convictions for crimes of violence.
The court applied the 'categorical approach' established in Taylor v. United States, examining whether the elements of the Oregon attempted assault statute necessarily involve the 'attempted use' of physical force against another person. Oregon's attempt statute requires that a defendant 'intentionally engages in conduct which constitutes a substantial step toward commission of the crime.'
The Ninth Circuit relied heavily on its 2022 precedent in United States v. Linehan, which held that 'attempted use' of physical force means taking a 'substantial step' toward the use of physical force. The court noted this interpretation follows the Supreme Court's approach in United States v. Taylor of giving criminal law terms their established meanings.
Since Oregon's attempted first-degree assault requires a defendant to take a substantial step toward causing serious physical injury to another by means of a deadly or dangerous weapon, the court concluded it qualifies as a crime of violence under the Sentencing Guidelines' 'force clause.' The district court therefore properly calculated Chavez-Echeverria's enhanced Guidelines range of 108-135 months, though he was sentenced to 80 months.