CA4 (en banc) on Md. Resisting Arrest, Crime of Violence: U.S. v. Aparicio-Soria

"The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and therefore qualifies categorically as a “crime of violence” within the meaning of U.S. Sentencing Guideline § 2L1.2, the reentry Guideline. We hold that it does not. ... the “key” is “elements, not facts,” Descamps, 133 S. Ct. at 2283, and violent force is simply not an element of resisting arrest in Maryland. And that ends the inquiry." - U.S. v. Aparicio-Soria, Jan. 14, 2014.