[link|http://www.complete-review.com/reviews/posnerr/anaos.htm|Complete Review] has a summary of various reviews, and their own.
You can read Posner's opinion by searching for "misdemeanor" in the book at [link|http://www.amazon.com/exec/obidos/ASIN/0674003918/ref=nosim/completereview|Amazon]. It's been a while since I read it, but Posner didn't think it was as cut and dried as your excerpt. The phrase was deliberately vague.
([link|http://en.wikipedia.org/wiki/Richard_Posner|Richard A. Posner] is a federal judge.)
Cheers,
Scott.