Does New Mexico's aggravated battery statute qualify as a 'crime of violence' under the United States Sentencing Guidelines?

Question Presented For Review New Mexico courts have held that the state’s aggravated battery statute can be violated by unlawful touching alone. Unlawful touch that results in bodily injury is an element of aggravated battery. The Tenth Circuit believes such an offense nonetheless has as an element the use, attempted use, or threatened use of violent force against the person of another so as to qualify as a ‘crime of violence’ as defined in the United States Sentencing Guidelines section 4B1.2(a)(1). This is so the court said, because the potential result of that touch necessarily means a “stepped-up level of unlawful force” has to be used to commit the offense. It did not cite a New Mexico decision to support its view. Does this decision conflict with the decisions of the First and Fourth Circuits that have held causing injury does not categorically mean violent force was used? Does it also conflict with the decisions of the New Mexico courts which have held the prosecution is not required to prove this degree of force was used? i