United States v. Rodriguez-Gomez, 608 F.3d 969 (7th Cir. Jun. 11, 2010) (Illinois conviction for aggravated battery, in violation of 720 Ill. Comp. Stat. 5/12-4(b)(6), which includes any provoking physical contact with certain listed individuals, is not categorically an aggravated felony crime of violence, for illegal re-entry sentencing purposes; applying the modified categorical analysis; however, the charging documents show that respondent was convicted of the portion of the statute that involves use of force).
NOTE: The analysis of the record in this case is very strange - the Government did not have a copy of the charging documents, only a statement made by the State to the probation officer that included a quote from the charging document. Counsel should argue that this round-about way of getting to the charging language is impermissible.