United States v. Vargas-Duran,
319 F.3d 194 (5th Cir. Jan. 16, 2003) (Texas conviction for
intoxication assault, which requires proof that an intoxicated
offender "cause[] serious bodily injury to another,"
in violation of Penal Code Ann. § 49.07, qualified as a "crime
of violence," for purposes of the 16-level sentencing
enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2001), because
it has as an element the use of force against the person of
another), overruled on rehearing en banc, 356 F.3d 598 (5th
Cir. Jan. 8, 2004) (en banc), cert. denied, 125 S.Ct. 494
(2004).