United States v. Martinez-Mata,
393 F.3d 625 (5th Cir. Dec. 10, 2004) (Texas conviction of
retaliation under Texas Penal Code § 36.06 is not a crime
of violence for illegal re-entry sentencing purposes since
it does not have, as an element, the use, attempted use, or
threatened use of physical force).
jurisdiction:
Fifth Circuit