United States v. Rodriguez-Rodriguez,
323 F.3d 317 (5th Cir. Feb. 27, 2003) (Texas conviction of
burglary of a building, in violation of Texas Penal Code Ann.
§ 31.07(a), is not a crime of violence within the meaning
of U.S.S.G. § 2L1.2(b)(1)(A)(ii) because the offense is not
listed in Application Note 1(B)(ii)(II) and does not have
as an element the use, attempted use, or threatened use of
physical force against the person of another).
jurisdiction:
Fifth Circuit