The U.S. Supreme Court's holdings in Taylor, Johnson, Dimaya, and Davis have consistently required the application of the categorical-approach, or the modified categorical-approach, when determining whether an offense constitutes a statutory crime of "violence. The question presented, upon which the circuits are divided, is:

When determining whether an offense qualifies as a crime of violence, may a lower court use an alternative approach that does not include the Court's categorical or modified-categorical approach?

When determining whether an offense qualifies as a crime of violence, may a lower court use an approach that does not include the Supreme Court's categorical or modified approach?