United States v. Garcia, __ F.3d __ (5th Cir. Nov. 22, 2006) (Colorado conviction for third-degree assault, in violation of Colo. Rev. Stat. 18-3-204, is not a crime of violence as defined under U.S.S.G. section 4B1.2(a)(1), for purposes of career offender sentence enhancement purposes, because the statute of conviction does not require use of physical force; mere touching is sufficient). http://caselaw.lp.findlaw.com/data2/circs/5th/0541030cr0p.pdf