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).