constitutes a crime of violence under the categorical approach because it has as an element the use, attempted use, or threatened use of physical force against the person of another, Moreno-Florean argues that the use of physical force is not a necessary element of § 207(a) because § 207(a) makes it unlawful for the offender to act “forcibly, or by any other means of instilling fear.” Count one of Moreno-Florean’s indictment, the count underlying his kidnapping conviction, tracks this provision of § 207(a), charging that Moreno-Florean acted “wilfully, unlawfully, forcibly and by other means of instilling fear.” The Government does not dispute that the use of force is not a necessary element of § 207(a). See People v. Majors, 33 Cal.4th 321, 14 Cal.Rptr.3d 870, 92 P.3d 360, 363 (2004) (<HOLDING>). The Government argues that Moreno-Florean’s
holding that kidnapping is a crime of violence which necessarily involves the threatened use of physical force under 18 usc  924 holding that the force used against the victim need not be physical in order to sustain a conviction for kidnapping under  207a holding that when an indictment alleges nonessential facts the government need not prove them in order to sustain a conviction holding the harmed victim need not be the victim of the offense of conviction recognizing that an arrest requires either physical force  or where physical force is absent submission to the assertion of authority