United States
v. Diaz-Diaz, 327 F.3d 410 (5th Cir. Apr. 3, 2003) (Texas
conviction for possession of a prohibited weapon - a short-barrel
firearm - in violation of Tex. Penal Code § 46.05, did not
constitute a crime of violence aggravated felony under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes of
a 16-level sentence enhancement for illegal re-entry pursuant
to U.S.S.G. § 2L1.2(b)(1)(A)(iii) (2000), since there is no
element or substantial risk that force will be used in the
commission of the offense).