United States v. Guerrero-Robledo, 565 F.3d 940 (5th Cir. Apr. 20, 2009) (South Carolina conviction of assault and battery of a high and aggravated nature, a state common-law offense, is a crime of violence for purposes of sentencing enhancement, because: "A prior offense qualifies as a crime of violence because it is either an enumerated offense or it has as an element the use or attempted use of force," rejecting a defense argument that this offense had no mens rea requirement, because a South Carolina Supreme Court case held that "for a common law offense to constitute a crime, 'the act must be accompanied by a criminal intent, or by such negligence or indifference to duty or to consequences as is regarded by law as equivalent to criminal intent.'"), quoting State v. Ferguson, 395 S.E.2d 182, 183 (S.C. 1990)).



Because a different South Carolina Supreme Court case had defined the first element of ABHAN as "an unlawful act," the Fifth Circuit concluded that, based on Ferguson, "the first element of ABHAN--an unlawful act--must indicate criminal intent." Guerrero-Robledo, No. 07-41151, slip op. at 11. Thus, the Fifth Circuit concluded that ABHAN "falls within the common meaning of aggravated assault, rendering it a crime of violence."