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