The Florida crime of aggravated battery may qualify as a crime of violence under Section 4B1.2 of the United States Sentencing Guidelines only if the minimum conduct that satisfies the statute involve s the "use, attempted use, or threatened use of physical force ." A court must answer that question by way of the categorical approach , but the Eleventh Circuit instead applies a forbi dden fact-based path . Why? Because it holds firm to an outdated precedent that has been abrogated by this Court's jurisprudence in Decamps and Mathis.

Under the proper categorical approach, does the Florida crime of aggravated battery with a deadly weapon categorically req uire the use, threatened use, or attempted use of physical force against another person?

Whether the Florida crime of aggravated battery with a deadly weapon categorically requires the use, threatened use, or attempted use of physical force against another person?