United States v. Eric Verwiebe, 874 F.3d 258 (6th Cir. 2017). · Go Syfert
United States v. Eric Verwiebe, 874 F.3d 258 (6th Cir. 2017). Cases Citing This Book View Copy Cite
111 citation events (111 in the last 25 years) across 15 distinct courts.
Strongest positive: United States v. Muskett (ca10, 2020-08-14)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Muskett
10th Cir. · 2020 · signal: accord · quote attribution · 1 verbatim quote · confidence high
n individual may violate 113 by (1) willfully attempting to inflict injury on another person or (2) threatening to inflict injury on another person, causing a reasonable apprehension of immediate bodily harm.
discussed Cited as authority (verbatim quote) Derrick Johnson v. United States (2×) also: Cited "see"
6th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
section 113(a)(3) . . . involves violent force because it proscribes common law assault with a dangerous weapon, not simple common law assault.
discussed Cited as authority (verbatim quote) United States v. Heng Khim
3rd Cir. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
rimes requiring proof of serious physical injury necessarily require proof of violent physical force.
examined Cited as authority (quoted) Jose Hernandez-Maldonado v. William P. Barr (4×) also: Cited as authority (rule), Cited "see, e.g."
6th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence low
creative minds, once unhinged from common sense, might even suggest that pulling the trigger of a gun is not a sufficiently direct use of physical force. sentencing law does not turn on such fine, reality-defying distinctions.
examined Cited as authority (quoted) Jeremiah Davis v. United States
6th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
e have held that a crime requiring only recklessness does not qualify as a crime of violence .... but since , the supreme court has found recklessness sufficient to constitute a crime that 'has, as an element, the use or attempted use of physical force.
discussed Cited as authority (quoted) United States v. Mann
10th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
how would it be possible to suffer serious bodily injury without force capable of producing such injury?
examined Cited as authority (rule) United States v. Tarrence Parham (3×) also: Cited "see", Cited "see, e.g."
6th Cir. · 2024 · confidence medium
When interpreting this definition, we have said that “[a] defendant uses physical force whenever his volitional act sets into motion No. 24-5025 United States v. Parham Page 5 a series of events that results in the application of a ‘force capable of causing physical pain or injury to another person.’” United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017) (citation omitted), abrogated on other grounds, Borden, 593 U.S. at 420 .
discussed Cited as authority (rule) Marcia Stein v. Kaiser Foundation Health Plan, Inc.
9th Cir. · 2024 · confidence medium
Dicta—no matter how strong or how characterized—are not.” (citation omitted)); United States v. McMurray, 653 F.3d 367 , 375–76 (6th Cir. 2011) (“Because the statement . . . was not necessary to the outcome in that case, it is dicta that is not binding.” (internal quotation marks and citation omitted)), abrogated on other grounds by United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017); Sanzone, 954 F.3d at 1039 (“Dicta is ‘a judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential.�…
discussed Cited as authority (rule) Jose Yanel Sanchez-Perez v. Merrick B. Garland
6th Cir. · 2024 · confidence medium
See, e.g., Banuelos-Jimenez, 67 F.4th at 809 (Arkansas statute prohibits “purposely creat[ing] apprehension of imminent physical injury to a family or household member” but does not include mental harms as “imminent physical injur[ies]”); United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017) (committing “[a]ssault with a dangerous weapon, with intent to do bodily harm” is a crime of violence because “it proscribes common law assault with a dangerous weapon, not simple common law assault”), abrogated on other grounds by Borden v. United States, 593 U.S. 420 (2021); United…
discussed Cited as authority (rule) Williams v. United States (2×)
W.D. Tenn. · 2023 · confidence medium
For purposes of a § 924(c) analysis, “[a]n assault is ‘(1) willfully attempting to inflict injury on another person or (2) threatening to inflict injury on another person, causing a reasonable apprehension of immediate bodily harm.’” Knight v. United States, 936 F.3d 495 , 500 (6th Cir. 2019) (noting that where a statute does not define assault, the court “give[s] the term its established common law meaning”) (quoting United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017), overruled on other grounds by Borden, 141 S. Ct. at 1834).
cited Cited as authority (rule) United States v. George Harrison
6th Cir. · 2022 · confidence medium
Id. at 1821–22 (abrogating United States v. Verwiebe, 874 F.3d 258, 264 (6th Cir. 2017), which held that a mental state of ordinary recklessness sufficed).
discussed Cited as authority (rule) United States v. Jeremy Pruitt (2×) also: Cited "see, e.g."
6th Cir. · 2021 · confidence medium
We have followed this approach in other contexts, see United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017) (“Because [18 U.S.C.] § 113 does not define ‘assault,’ courts give the term its established common law meaning.” (citing United States v. Turley, 352 U.S. 407, 411 (1957))), abrogated on other grounds by Borden v. United States, 593 U.S. __ (2021)), and agree with our sister circuits that it is appropriate to do so here.
cited Cited as authority (rule) Battle v. United States
M.D. Tenn. · 2021 · confidence medium
Sentencing law does not turn on such fine, reality-defying distinctions. 874 F.3d at 261 (emphasis added); see also Buffar v. United States, 2019 WL 2869167 , at *7 (M.D.
cited Cited as authority (rule) Williamson v. United States
M.D. Tenn. · 2021 · confidence medium
Sentencing law does not turn on such fine, reality-defying distinctions. 874 F.3d at 261 (emphasis added); see also Buffar v. United States, 2019 WL 2869167 , at *7 (M.D.
discussed Cited as authority (rule) Watford v. Ormond
E.D. Ky. · 2020 · confidence medium
Ky. 2019) (discussing application of Voisine v. United States, __ U.S. __, 136 S. Ct. 2272 , 195 L.Ed.2d 736 (2016)); United States v. Verwiebe, 874 F.3d 258, 261-62 (6th Cir. 2017) (“A defendant uses physical force whenever his volitional act sets into motion a series of events that results in the application of a ‘force capable of causing physical pain or injury to another person’ . . . [under Voisine], the ‘use of physical force’ requires volitional but not intentional or knowing conduct.”).
discussed Cited as authority (rule) Leatherwood v. United States
E.D. Tenn. · 2020 · confidence medium
United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2018) (citing Voisine v. United States, 136 S. Ct. 2272 (2016)); see also Dillard v. United States, 768 F. App’x 480 , 486 (6th Cir. 2019) (outlining the timeline of jurisprudence overruling McMurray).3 Second, Mr. Leatherwood challenges the Court’s conclusion that counsel was not unconstitutionally ineffective because he failed to perfect a direct appeal and argues that 3 Mr. Leatherwood also pointed to Johnson v. United States, 135 S. Ct. 2551 (2015) as a basis for amending the Court’s decision, but the “judgment” Mr. Leatherwo…
discussed Cited as authority (rule) Leatherwood v. USA (PLR2)
E.D. Tenn. · 2020 · confidence medium
United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2018) (citing Voisine v. United States, 136 S. Ct. 2272 (2016)); see also Dillard v. United States, 768 F. App’x 480 , 486 (6th Cir. 2019) (outlining the timeline of jurisprudence overruling McMurray).3 Second, Mr. Leatherwood challenges the Court’s conclusion that counsel was not unconstitutionally ineffective because he failed to perfect a direct appeal and argues that 3 Mr. Leatherwood also pointed to Johnson v. United States, 135 S. Ct. 2551 (2015) as a basis for amending the Court’s decision, but the “judgment” Mr. Leatherwo…
discussed Cited as authority (rule) Estes v. United States
W.D. Tenn. · 2020 · confidence medium
Following Voisine, a panel of the Sixth Circuit held that a crime requiring only recklessness can be a crime of violence under the Career Offender Guideline, U.S.S.G. § 4B1.2(a), stating, “[i]n sum, the argument that crimes satisfied by reckless conduct categorically do not include the ‘use of physical force’ simply does not hold water after Voisine.” United States v. Verwiebe, 874 F.3d 258, 264 (6th Cir. 2017).
discussed Cited as authority (rule) United States v. Terron Bryant
4th Cir. · 2020 · confidence medium
See United States v. Taylor, 848 F.3d 476, 494 (1st Cir. 2017) (holding that even if simple assault against a federal officer under 18 U.S.C. § 111 (a) does not require violent force, the “enhanced version” of the crime in § 111(b), which contains a similar dangerous-weapon element, necessarily involves such force); United States v. Rafidi, 829 F.3d 437 , 443–46 (6th Cir. 2016) (same); United States v. Lewis, 724 F. App’x 269 , 270 (4th Cir. 2018) (citing Taylor and Rafidi in finding no plain error in using § 111(b) as predicate offense for § 924(c) conviction); United States v. Jo…
discussed Cited as authority (rule) Franklin McGee v. United States
6th Cir. · 2019 · confidence medium
See United States v. Harper, 875 F.3d 329, 330 (6th Cir. 2017); accord Lowe v. United States, 920 F.3d 414 , 416 n.1 (6th Cir. 2019); Davis v. United States, 900 F.3d 733, 736 (6th Cir. 2018); United States v. Verwiebe, 874 F.3d 258, 264 (6th Cir. 2017).
discussed Cited as authority (rule) Evans v. United States
M.D. Tenn. · 2019 · confidence medium
Thus, this Court can safely assume that armed robbery is also a violent felony for purposes of the ACCA. enumerated-offense clause, in which case, “[u]nder Johnson, we limit crimes of violence to those involving force capable of causing physical pain or injury.”3 United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017).
cited Cited as authority (rule) Oaks v. United States
W.D.N.C. · 2019 · confidence medium
United States v. Verwiebe, 874 F.3d 258, 262 (6th Cir. 2017), cert. denied, 139 S. Ct. 63 (2018).
examined Cited as authority (rule) Michael Knight v. United States (3×) also: Cited "see"
6th Cir. · 2019 · confidence medium
No. 17-6370 Knight v. United States Page 6 harm” under 18 U.S.C. § 113 (a)(3) is a crime of violence, reasoning that because assault “already includes some use or threat of physical force,” “the use of a dangerous weapon transforms that force into the type of violent force necessary to constitute a crime of violence.” 874 F.3d 258, 261 (6th Cir. 2017).
discussed Cited as authority (rule) Danny Banks v. United States
6th Cir. · 2019 · confidence medium
We have instead equated physical force with physical harm, holding that a “defendant uses physical force whenever his volitional act sets into motion a series of events that results in the application of a ‘force capable of causing physical pain or injury to another person.’” United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017) (quoting United States v. Evans, 699 F.3d 858, 864 (6th Cir. 2012)).
discussed Cited as authority (rule) United States v. James Walker (2×)
6th Cir. · 2019 · confidence medium
After the district court handed down its decision, however, this court held that Supreme Court precedent required the opposite conclusion—that a mens rea of recklessness is “sufficient to constitute a crime that ‘has, an element, the use or attempted use of physical force.’” United States v. Verwiebe, 874 F.3d 258, 262 (6th Cir. 2017) (interpreting an identically worded clause of the Guidelines); see also United States v. Harper, 875 F.3d 329 , 330–32 (6th Cir. 2017) (criticizing this conclusion but construing Verwiebe as binding precedent).
discussed Cited as authority (rule) United States v. Dennis Dillard (2×) also: Cited "see"
6th Cir. · 2019 · confidence medium
United States v. Verwiebe The defendant in United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2018) pleaded guilty to assaulting, resisting, or impeding a federal officer with a dangerous weapon and was classified as a career offender under the Guidelines based on a prior conviction for assault resulting in serious bodily injury under 18 U.S.C. § 113 (a)(6).
discussed Cited as authority (rule) Jeremiah Davis v. United States
6th Cir. · 2018 · confidence medium
After the district court’s decision, this circuit ruled in United States v. Verwiebe that a mental state of recklessness is sufficient to qualify a conviction as a crime of violence under the use-of-force clause following the intervening Supreme Court decision in Voisine, which necessarily overturned this circuit’s precedent in McMurray. 874 F.3d 258, 262 (6th Cir. 2017) (“[W]e have held that a crime requiring only recklessness does not qualify as a crime of violence . . . .
discussed Cited as authority (rule) United States v. Latroy Burris
5th Cir. · 2018 · confidence medium
See United States v. Bowles, 2018 WL 2230626 , at *3 (4th Cir. May 16, 2018); United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017) (Sutton, J.) (suggesting that “tripping somebody into oncoming traffic” requires the use of physical force).
cited Cited as authority (rule) United States v. Mencho Dumas
6th Cir. · 2018 · confidence medium
United States v. Verwiebe, 874 F.3d 258, 262-64 (6th Cir. 2017).
discussed Cited as authority (rule) United States v. Latroy Burris
5th Cir. · 2018 · confidence medium
See United States v. Bowles, 2018 WL 2230626 , at *3 (4th Cir. May 16, 2018); United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017) (Sutton, J.) (suggesting that “tripping somebody into oncoming traffic” requires the use of physical force).
discussed Cited as authority (rule) United States v. West
D.D.C. · 2018 · confidence medium
Relying on the Supreme Court’s 2016 decision in Voi`sine v. Uni'lea’ Slates, 136 S. Ct. 2272 ,' which held that reckless assaults qualify as “the use or attempted use of physical f`orce” under 18 U.S.C. §921 (a)(33)(A)(ii), ia’. at 2278, our Circuit concluded that “[ajs long as a defendant’s use of force is not accidental or involuntary, it is ‘naturally described as an active employment of force," regardless of whether it is reckless knowing, or intentional.” Haig/il, 2018 WL 3077534 , at *7, slip op. at 15 (quoting Voisine, 136 S. Ct. at 2279 ).9 That holding controls here…
discussed Cited as authority (rule) United States v. Deon Pittman
6th Cir. · 2018 · confidence medium
Pittman disagrees with that holding, but “only the en banc process, a material intervening Supreme Court decision, or a relevant change to the Guidelines permits us to override binding circuit precedent.” United States v. Verwiebe, 874 F.3d 258, 262 (6th Cir. 2017).
discussed Cited as authority (rule) Sylvester Cowan v. United States
6th Cir. · 2018 · confidence medium
Whatever merits Cowan’s argument may have, it cannot prevail before this panel because “only the en banc process, a material intervening Supreme Court decision, or a relevant change to the Guidelines permits us to override binding circuit precedent.” United States v. Verwiebe, 874 F.3d 258, 262 (6th Cir. 2017).
discussed Cited as authority (rule) United States v. Malik Squaer
6th Cir. · 2018 · confidence medium
To determine if Squaer’s armed robbery convictions qualify as violent felonies, we utilize the categorical approach and “look only to the statutory definition of the offense rather than to the facts underlying the conviction to determine whether it counts as a crime of violence.” United States v. Verwiebe, 874 F.3d 258, 260 (6th Cir. 2017) (citing Taylor v. United States, 495 U.S. 575 (1990)).
cited Cited as authority (rule) United States v. James Cole
6th Cir. · 2017 · confidence medium
United States v. Verwiebe, 874 F.3d 258, 260 (6th Cir. 2017); cf. Taylor v. United States, 495 U.S. 575, 598 (1990) (discussing the analogous provision under the ACCA).
cited Cited "see" Young v. United States
E.D. Ky. · 2023 · signal: see · confidence high
See United States v. Murray, 653 F.3d 367 (6th Cir. 2011), overruled on other grounds by United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2018).
discussed Cited "see" Altin Shuti v. William Barr
6th Cir. · 2020 · signal: see · confidence high
United States v. Verwiebe, 874 F.3d 258 , 263–64 (6th Cir. 2017); see Hernandez- Maldonado v. Barr, 773 F. App’x 280 , 282 (6th Cir. 2019) (recognizing that because 18 U.S.C. § 16 (a) “mirrors” § 4B1.2(a)(1) of the Sentencing Guidelines, the clauses are often read “the same way” (quoting Verwiebe, 874 F.3d at 260 )).
discussed Cited "see" United States v. James Walker (2×)
6th Cir. · 2019 · signal: see · confidence high
See Verwiebe , 874 F.3d at 262 ; see also United States v. Haight , 892 F.3d 1271 , 1281 (D.C.
cited Cited "see" United States v. Darrell Moore
6th Cir. · 2019 · signal: see · confidence high
See United States v. Verwiebe, 874 F.3d 258, 252 (6th Cir. 2017).
discussed Cited "see" United States v. Le' Ardrus Burris
6th Cir. · 2019 · signal: see · confidence high
See id. at 1036– 37. 8Serious bodily injury means “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of any bodily member or organ.” Model Penal Code § 210.0(3). 9Bodily injury means “physical pain, illness or any impairment of physical condition.” Model Penal Code § 210.0(2) No. 16-3855 United States v. Burris Page 12 United States v. McFalls, 592 F.3d 707, 717 (6th Cir. 2010) (quoting Model Penal Code § 211.1(2)), abrogated on other ground by United States v. Verwiebe, 874 F.3d 258, 262 (6th…
discussed Cited "see" Daryl Higdon v. United States
6th Cir. · 2018 · signal: see · confidence high
See United States v. Verwiebe, 874 F.3d 258, 264 (6th Cir. 2017); but see United States v. Harper, 875 F.3d 329, 330-33 (6th Cir. 2017) (interpreting the relevant text to mean that the defendant must act intentionally or knowingly as to those consequences).
discussed Cited "see" Daryl Higdon v. United States
6th Cir. · 2018 · signal: see · confidence high
See United States v. Verwiebe , 874 F.3d 258 , 264 (6th Cir. 2017) ; but see United States v. Harper , 875 F.3d 329 , 330-33 (6th Cir. 2017) (interpreting the relevant text to mean that the defendant must act intentionally or knowingly as to those consequences).
cited Cited "see" United States v. Adarius Harper
6th Cir. · 2017 · signal: see · confidence high
See United States v. Verwiebe, 872 F.3d 408 (6th Cir.), amended, 874 F.3d 258 (6th Cir. 2017).
discussed Cited "see, e.g." Mario Banuelos-Jimenez v. Merrick B. Garland
6th Cir. · 2023 · signal: see also · confidence medium
See also United States v. Verwiebe, 874 F.3d 258, 261 (6th Cir. 2017), overruled on other grounds by Borden, 141 S. Ct. 1817 (“[C]rimes requiring proof of serious physical injury necessarily require proof of violent physical force.”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Eric Michael VERWIEBE, Defendant-Appellant
16-2591.
Court of Appeals for the Sixth Circuit.
Oct 20, 2017.
874 F.3d 258
ON BRIEF: Elizabeth A. LaCosse, OFFICE OF THE.FEDERAL PUBLIC DEFENDER, Marquette,-Michigan, for Appellant. Hannah : N. Bobee, UNITED STATES ATTORNEY’S OFFICE, Marquette, Michigan, for Appellee.
Clay, Rogers, Sutton.
Cited by 66 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: bottom 92%
Citer courts: Sixth Circuit (2) · Tenth Circuit (1)

AMENDED OPINION

SUTTON, Circuit Judge.

Law enforcement arrested Eric Ver-wiebe for brandishing a knife, threatening to kill tribal police officers, and resisting arrest. He pleaded guilty to assaulting a federal officer with a dangerous weapon. The district court sentenced him as a career offender due to his prior federal convictions for assault with a dangerous weapon and assault resulting in serious bodily injury. Because each crime combines common law assault with an additional element that, together, indicate “the use, attempted use, or threatened use of physical force,” both of them amount to “crimes of violence” under § 4B1.2(a) of the Sentencing Guidelines. We affirm his sentence.

On August 22, 2015, the Bay Mills Tribal Police Department broadcast a lookout notice for Verwiebe after it received a report that he had assaulted his girlfriend. When two officers located Verwiebe, he pulled a knife from his waistband, raised it over his head, and threatened to kill the officers. The officers tried to subdue him, but Ver-wiebe fought back. The officers eventually got control of him with the help of a bystander. In the police car, Verwiebe continued to threaten the officers and even spat on them.

Verwiebe pleaded guilty to assaulting, resisting, or impeding a federal officer with a dangerous weapon. He was scored as a career offender under U.S.S.G. § 4B1.1 based on his prior federal convictions for (1) assault with a dangerous weapon with intent to do bodily harm, 18 U.S.C. § 113(a)(3), and (2) assault resulting in serious bodily injury, 18 U.S.C. § 113(a)(6). At sentencing, the district court found that each conviction qualified as a crime of violence under U.S.S.G. § 4B1.2(a)(l). Verwiebe appealed.

We give fresh review to a district court’s construction of the Guidelines, and we apply the version in effect on the date the defendant was sentenced, in this instance the November 2016 Manual. 18 U.S.C. § 3553(a)(4)(A)(ii).

The Guidelines raise the base offense level for career offenders. U.S.S.G. § 4B1.1. A defendant is treated as a career offender if he has at least two prior felony convictions for a crime of violence. Id. § 4Bl.l(a). A crime of violence includes “any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that ... has as an element the use, attempted use, or threatened use of physical force against the person of another.” Id. § 4B1.2(a). Known as the “elements clause,” this provision mirrors an analogous clause in the Armed Career Criminal Act, and we typically read them in the same way. See United States v. Rede-Mendez, 680 F.3d 552, 555 n.2 (6th Cir. 2012). Both clauses apply only to offenses that require “violent force—that is, force capable of causing physical pain or injury to another person.” Johnson v. United States, 559 U.S. 133, 140, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010) (emphasis omitted).

When an offense sets out a single set of elements to define a single crime, as all parties agree is the case here, it is indivisible. Mathis v. United States, — U.S. —, 136 S.Ct. 2243, 2248, 195 L.Ed.2d 604 (2016). In evaluating an indivisible offense, we apply the categorical approach. That means we look only to the statutory definition of the offense rather than to the facts underlying the conviction to determine whether it counts as a crime of violence. See Taylor v. United States, 495 U.S. 575, 600, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). We focus on the least culpable conduct criminalized by the statute but resist imagining unlikely crimes that theoretically could be covered by it. There must be a realistic probability the statute would be used to criminalize the conduct. Moncrieffe v. Holder, 569 U.S. 184, 133 S.Ct. 1678, 1684-85, 185 L.Ed.2d 727 (2013).

Let’s now consider each prior conviction in turn.

18 U.S.C. § 113(a)(3). Within the territorial jurisdiction of the United States,, it is a federal crime to commit “[a]ssault with a dangerous weapon, with intent to do bodily harm.” 18 U.S.C. § 113(a)(3). Section 113(a)(3) entails the “use, attempted use, or threatened use of physical force” under § 4B1.2(a). Because § 113 does not define “assault,” courts give the term its established common law meaning. See United States v. Turley, 352 U.S. 407, 411, 77 S.Ct. 397, 1 L.Ed.2d 430 (1957). That means an individual may violate § 113 by (1) willfully attempting to inflict injury on another person or (2) threatening to inflict injury on another person, causing a reasonable apprehension of immediate bodily harm. United States v. Hathaway, 318 F.3d 1001, 1008 (10th Cir. 2003). If a crime already includes some use or threat of physical force, as is true here, the use of a dangerous weapon transforms that force into the type of violent force necessary to constitute a crime of violence. See United States v. Rafidi, 829 F.3d 437, 446 (6th Cir. 2016). Section 113(a)(3) thus involves violent force because it proscribes common law assault with a dangerous weapon, not simple common law assault. United States v. Harris, 853 F.3d 318, 322 (6th Cir. 2017).

18 U.S.C. § 113(a)(6). Section 113(a)(6) is similar. It proscribes “[a]ssault resulting in serious bodily injury” within the territorial jurisdiction of the United States. Under Johnson, we limit crimes of violence to those involving force capable of causing physical pain or injury. Whether § 113(a)(6) qualifies is a question that answers itself: How would it be possible to suffer serious bodily injury without force capable of producing such injury? Our precedent says as much, holding that crimes requiring proof of serious physical injury necessarily require proof of violent physical force. United States v. Anderson, 695 F.3d 390, 401 (6th Cir. 2012). That begins and ends our inquiry.

Hoping for a different conclusion, Verwiebe invokes United States v. Scott, No. EP-14-CR-42-PRM, 2014 WL 4403162 (W.D. Tex. July 28, 2014), claiming it shows that assault under § 113(a)(6) is not a crime of violence because it may involve indirect force that causes serious bodily injury. In that case, the district court used the example of poisoning a victim’s drink as evidence that § 113(a)(6) swept too broadly. Id. at *4. But we have refused to draw a line between direct and indirect force in this context. United States v. Evans, 699 F.3d 858, 864 (6th Cir. 2012). And for ample reason. A defendant uses physical force whenever his volitional act sets into motion a series of events that results in the application of a “force capable of causing physical pain or injury to another person.” See id. We see no problem with the poison scenario. The “use of physical force” is not the drop of liquid in the victim’s drink; it is employing poison to cause serious bodily harm. See United States v. Castleman, — U.S. —, 134 S.Ct. 1405, 1415, 188 L.Ed.2d 426 (2014). Under Verwiebe’s theory, tripping somebody into oncoming traffic, or for that matter perpetrating a sarin gas attack, would not be a crime of violence. Creative minds, once unhinged from common sense, might even suggest that pulling the trigger of a gun is not a sufficiently direct use of physical force. Sentencing law does not turn on such fine, reality-defying distinctions.

Verwiebe also suggests that § 113(a)(6) does not qualify as a crime of violence because a mental state of recklessness suffices for conviction. True, we have held that a crime requiring only recklessness does not qualify as. a crime of violence under § 4Bl,2(a). United States v. McFalls, 592 F.3d 707, 716 (6th Cir. 2010). True also, only the en banc process, a material intervening Supreme Court decision, or a relevant change to the Guidelines permits us to override binding circuit precedent See Sykes v. Anderson, 625 F.3d 294, 319 (6th Cir. 2010); 6th Cir. R. 32.1(b). But since McFalls, the Supreme Court has found recklessness sufficient to constitute a crime that “has, as an element, the use or attempted use of physical force” under a statute preventing those convicted of a “misdemeanor crime of domestic violence” from possessing a firearm. See Voisine v. United States, — U.S. —, 136 S.Ct. 2272, 2280, 195 L,Ed.2d 736 (2016); 18 U.S.C. § 921(a)(33)(A)(ii). The Court relied on the definition of the noun, “use” as “the act of employing” something to conclude that -the “use of physical force” requires volitional but not intentional or knowing conduct. Voisine, 136 S.Ct. at 2278-80. The Court invoked a person throwing-a plate in anger at a wall near his wife and a person slamming a door shut with his girlfriend close behind as examples of reckless conduct that would each be commonly understood as a “use of physical force.” Id. at 2279.

Although the Court left undecided whether its statutory interpretation should extend to other contexts, Voisine ⅛ analysis applies with equal force to the Guidelines, which define crimes of violence nearly identically to § 921(a)(33)(A)(ii): any felony that “has as an element the use, attempted use, or threatened use of physical force.” U.S.S.G. § 4B1.2(a), Not surprisingly, as a result, the Fifth, Eighth, and Tenth Circuits have held that Voisine confirms that recklessness suffices under the elements clause of the Armed Career Criminal Act and the Guidelines. See United States v. Pam, 867 F.3d 1191, 1207-08 (10th Cir. 2017) (ACCA); United States v. Mendez-Henriquez, 847 F.3d 214, 221-22 (5th Cir. 2017) (U.S.S.G. § 2L1.2(b)); United States v. Howell, 838 F.3d 489, 500-01 (5th Cir. 2016) (U.S.S.G. § 4B1.2(a)); United States v. Fogg, 836 F.3d 951, 956 (8th Cir. 2016) (ACCA).

One Circuit, the First Circuit, has come out the other way, or at least partly the other way. Bennett v. United States, 868 F.3d 1, 23 (1st Cir. 2017). It pointed out that the Armed Career Criminal Act, like § 4B 1.2(a), requires a use of physical force “against the person of another,” while § 921(a)(33)(A)(ii) requires a use of physical force without that clause. Id. at 18. The court reasoned that the word “against” may require that the perpetrator knowingly or purposefully cause the victim’s bodily injury, but also found just as compelling the possibility that the word “against” does not alter the Voisine analysis. Id. at 18-20. In view of what it perceived as a “grievous ambiguity,” the court invoked the rule of lenity and ruled for the defendant. Id. at 23. The court withdrew its opinion after the defendant died, Bennett v. United States, 870 F.3d 34, 36 (1st Cir. 2017), but it incorporated its reasoning by reference in a subsequent case, see United. States v. Windley, 864 F.3d 36, 37 n.2 (1st Cir. 2017).

The First Circuit’s approach prompts a few responses. Voisine’s key insight is that the word “use” refers to “the act of employing something” and does not require a purposeful or knowing state of mind. Voisine, 136 S.Ct. at 2278-79. That insight does not change if a statute says that the “use of physical force” must be “against” a person, property, or for that matter anything else. Think of the example from Voisine. We know that the “use of force” covers a recklessly thrown plate that shatters and hurts somebody. Id. at 2279. The addition of the word “against” cannot change Voisine’s holding that the “use of physical force” covers this act in the first instance. Sometimes the simplest explanation is the best explanation.

The weight placed by the First Circuit on the omission of “against the person of another” in § 921 (a) (33)(A) (ii) is overstated in another way. That provision defines the term “misdemeanor crime of domestic violence.” 18 U.S.C. § 921 (a)(33)(A)(ii). And that provision, just like today’s provision, does not punish the “use of force” in the abstract. It requires a victim. In § 921 (a) (83) (A) (ii), the victim—the recipient of the use of force—must be the defendant’s current or former spouse or somebody similarly situated. See United States v. Hayes, 555 U.S. 415, 426, 129 S.Ct. 1079, 172 L.Ed.2d 816 (2009). There thus are no victim-less prosecutions under the Voisine statute. All that is going on is that the category of victims is larger with today’s statute: “the person of another.” Voisine, no less than our case, required the use of physical force against a person. That one statute requires a victim of the “use of force” in one way, and the other statute requires a victim in another way, does not offer a meaningful basis for distinction. Just as one can’t “cut a plank so many times that it ha[s] just one side,” Am. Energy Corp. v. Rockies Express Pipeline LLC, 622 F.3d 602, 606 (6th Cir. 2010), so one should be careful about slicing a statute so finely that it creates meaning-free distinctions.

Voisine’s treatment of 18 U.S.C. § 16 also suggests that the addition of the language "against the person of another” is not the Rosetta Stone the First Circuit suggested it could be. Section 16 defines crime of violence as an offense with an element that is the “use ... of physical force against the person or property , of another.” 18 U.S.C. § 16(a). In Leocal, the Court held that this standard was not met by mere negligence or accidental conduct. Leocal v. Ashcroft, 543 U.S. 1, 9, 125 S.Ct. 377, 160 L.Ed.2d 271 (2004). But Voisine distinguished Leocal on the ground that an accident like stumbling, or dropping a plate, is not considered an “active employment” of force. Voisine, 136 S.Ct. at 2279. The Court tellingly placed no weight on the absence of “against the person or property of another” from § 921(a)(33)(A)(ii).

Voisine’s contextual analysis also undermines the First Circuit’s approach. In 1962, the Model Penal Code took the position that criminal behavior including assault is generally satisfied by a mental state of recklessness. See Model Penal Code §§ 2.02(3), 211.1 (1962). Thirty-four states plus the District of Columbia followed suit, enacting assault laws that covered recklessness. Voisine, 136 S.Ct. at 2280. In view of the categorical approach applied in this setting, Verwiebe’s argument would require us to find that no conviction obtained under any of these statutes qualifies as a “crime of violence.” See Descamps v. United States, 570 U.S. 254, 133 S.Ct. 2276, 2283, 186 L.Ed.2d 438 (2013). It is unlikely that the Sentencing Commission had such an objective when it published the first set of Guidelines over two decades later. U.S.S.G. §§ 4B1.1, 4B1.2 cmt. 1 (1987).

The First Circuit’s invocation of the rule of lenity as a tie breaker also does not persuade us. The same argument was made in Voisine and the Court refused to rely on the rule of lenity there. Voisine, 136 S.Ct. at 2282 n.6. Just so here.

Our “crime of violence” jurisprudence, it’s fair to say, already has plenty of highly reticulated, difficult to explain distinctions. We see no good reason to add one more, especially one as gossamer thin as this one.

In sum, the argument that crimes satisfied by reckless conduct categorically do not include the “use of physical force” simply does not hold water after Voisine. Because § 4B1.2(a) of the Guidelines largely tracks the provision at issue in Voisine, we join all but one of our sister circuits and hold that the reckless conduct proscribed by § 113(a)(6) amounts to “the use, attempted use, or threatened use of physical force.”

Last of all, Verwiebe asks us to apply the Guidelines in effect at the time of his offense. See Peugh v. United States, 569 U.S. 530, 133 S.Ct. 2072, 186 L.Ed.2d 84 (2013). But even if we did, it wouldn’t matter. Both of Verwiebe’s predicate crimes satisfy the elements clause, which is identical under both versions of the Guidelines.

For these reasons, we affirm.