United States v. Landeros-Gonzales,
262 F.3d 424 (5th Cir. Aug. 14, 2001) (Texas conviction for
violation of "criminal mischief" statute, for the
intentional marking of anothers property, in violation of
Texas Penal Code § 28.03(a)(1-3), was not a "crime of
violence" and, consequently, was not an "aggravated
felony" warranting an enhanced sentence under U.S.S.G.
§ 2L1.2 for illegal re-entry, since it does not "by its
nature, involve[] a substantial risk that physical force against
the person or property of another may be used in the course
of committing the offense" under 18 U.S.C. § 16(b)).