United States v. Chapa-Garza,
243 F.3d 921 (5th Cir. Mar. 1, 2001), rehearing and rehearing
en banc denied, 262 F.3d 479 (5th Cir. Aug. 20, 2001) (Texas
conviction for felony driving while intoxicated, under Tex.
Penal Code § 49.09 (providing that after two convictions for
violating § 49.04, subsequent convictions are third-degree
felonies), was not an aggravated felony crime of violence
for sentencing purposes, because intentional force against
the person or property of another is seldom, if ever, employed
to commit the offense).
jurisdiction:
Fifth Circuit