United States v. Calderon-Pena,
339 F.3d 320 (5th Cir. July 17, 2003) (Texas conviction of
child endangerment, in violation of Texas Penal Code § 22.041(c),
would not on its face constitute a crime of violence under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of illegal re-entry sentence enhancement under U.S.S.G. §
2L1.2(b)(1)(A)(ii) (2000, 2001), since it may be committed
by omission; however, since the indictment in this case shows
the elements involved in this particular conviction necessarily
included placing a child in imminent danger of bodily injury
through an intentional act, it did constitute a crime of violence
in the instant case).

jurisdiction: 
Fifth Circuit

 

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