California conviction of assault with a dangerous weapon other than a firearm, or by force likely to produce great bodily injury, in violation of Penal Code 245(a)(1), is arguably not a crime of violence aggravated felony because California law allows conviction for "negligent assault." People v. Wright, 100 Cal.App.4th 703, 710-724 (2002). Conviction of this offense, therefore, cannot constitute a crime of violence under Leocal v. Ashcroft, 125 S.Ct. 377, 382 (2004), which held that the mens rea necessary for a crime of violence aggravated felony must be more than mere negligence.