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).