Here's yet another example of what weird results one sometimes gets from trying to figure out under the "categorical approach" whether a particular crime is a "crime of violence" under the sentencing guidelines. Because the Ninth Circuit holds that included in the list of crimes that aren't necessarily crimes of violence is a conviction for attempted rape in the fourth degree in Delaware.
It's also proof that you can't necessarily tell the nature of the crime just from the label that the state legislature as appended to it. The doctrinal equivalent of not being able to tell a book by its cover.
