United States v. Dominguez-Ochoa, 386 F.3d 639 (5th Cir. Sept. 22, 2004) (Texas conviction of criminally negligent homicide, under Tex. Penal Code 19.05, did not constitute crime of violence aggravated felony under USSG 2L1.2(b)(1)(A)(ii)(2002), for purposes of a 16-level enhancement of sentence for illegal reentry, since it does not include as an element the intentional "use, attempted use, or threatened use" of force and it is not one of the offenses enumerated in the Guidelines or its equivalent because it does not require the mens rea of recklessness which is required for manslaughter).
jurisdiction:
Fifth Circuit