United States v. Acuna-Cuadros,
385 F.3d 875 (5th Cir. Sept. 21, 2004) (per curiam) (Texas
conviction for retaliation, in violation of Tex. Penal Code
§ 36.06 (1995), penalizing one who "knowingly harms or
threatens to harm another by an unlawful act," did not
qualify as "crime of violence" supporting 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii), since the
offense does not "ha[ve] as an element the use, attempted
use, or threatened use of physical force against the person
of another").