Page:Denard Stokeling v. United States.pdf/13

Rh capable of causing physical pain or injury.” Id., at 140 (emphasis added). “Capable” means “susceptible” or “having attributes… required for performance or accomplishment” or “having traits conducive to or features permitting.” Webster’s Ninth New Collegiate Dictionary 203 (1983); see also Oxford American Dictionary and Thesaurus 180 (2d ed. 2009) (“having the ability or quality necessary to do”). Johnson thus does not require any particular degree of likelihood or probability that the force used will cause physical pain or injury; only potentiality.

Stokeling’s proposed standard would also prove exceedingly difficult to apply. Evaluating the statistical probability that harm will befall a victim is not an administrable standard under our categorical approach. Crimes can be committed in many different ways, and it would be difficult to assess whether a crime is categorically likely to harm the victim, especially when the statute at issue lacks fine-tuned gradations of “force.” We decline to impose yet another indeterminable line-drawing exercise on the lower courts.

Stokeling next contends that Castleman held that minor uses of force do not constitute “violent force,” but he misreads that opinion. In Castleman, the Court noted that for purposes of a statute focused on domestic-violence misdemeanors, crimes involving relatively “minor uses of force” that might not “constitute ‘violence’ in the generic sense” could nevertheless qualify as predicate offenses. 572 U. S., at 165. The Court thus had no need to decide more generally whether, under Johnson, conduct that leads to relatively minor forms of injury–such as “a cut, abrasion, [or] bruise”–“necessitate[s]” the use of “violent force.” 572 U. S., at 170. Only Justice Scalia’s separate opinion addressed that question, and he concluded that force as small as “hitting, slapping, shoving, grabbing, pinching, biting, and hair pulling,” id., at 182 (alterations omitted), satisfied Johnson’s definition. He reasoned that “[n]one of