United States v. Fierro-Reyna,
__ F.3d __ (5th Cir. Sept. 28, 2006) (Texas conviction from
1979 for aggravated assault on a police officer, in violation
of Penal Code § 22.02(a)(2) (1974) [punishing simple
assault on a police officer] is not a "crime of violence"
for illegal re-entry sentencing purposes, since simple assault
does not necessarily require use of force; state classification
of assault as 'aggravated' because it is committed against
a police officer is irrelevant).
jurisdiction:
Fifth Circuit