United States v. Insaulgarat,
378 F.3d 456 (5th Cir. July 19, 2004) (Florida conviction
of aggravated stalking (after being subject to a domestic
violence protective order, "knowingly, willfully, maliciously,
and repeatedly follows or harasses another person"),
in violation of Florida Statute § 784.048(4) (1993), did not
constitute a crime of violence within the meaning of U.S.S.G.
§ 4B1.1, for federal sentencing purposes, where harassment
is defined as "engag[ing] in a course of conduct directed
at a specific person that causes substantial emotional distress
in such person . . . ," under Fla. Stat. Ann. § 784.048(1)(a),
because the aggravated stalking statute can be violated without
the use or threatened use of physical force, and the additional
information provided in the aggravated stalking indictment
about the underlying injunction does not allege conduct which,
by its nature, poses a serious potential risk of physical
injury).