United States
v. Alfaro, 408 F.3d 204 (5th Cir. Apr. 28, 2005) (Virginia
conviction of shooting into an occupied dwelling, in violation
of Va.Code § 18.202-79 (1993), did not constitute a crime
of violence for purposes of enhancing sentence for illegal
re-entry by sixteen levels under U.S.S.G. § 2L1.2(b)(1)(A)(ii),
because (a) this offense is not enumerated in the Guideline,
and (b) it does not have as an element the use or threat of
force against another, since a defendant could violate this
statute merely by shooting a gun at a building that happens
to be occupied or by discharging a firearm within an unoccupied
school building, without actually shooting, attempting to
shoot, or threatening to shoot another person).