United States v.
Rodriguez-Rodriguez, 323 F.3d 317 (5th Cir. Feb. 27, 2003)
(Texas conviction of unauthorized use of a motor vehicle,
in violation of Texas Penal Code Ann. § 30.02(a), is not a
crime of violence within the meaning of U.S.S.G. § 2L1.2(b)(1)(A)(ii)
because the offense is not listed in Application Note 1(B)(ii)(II)
and does not have as an element the use, attempted use, or
threatened use of physical force against the person of another).

jurisdiction: 
Fifth Circuit

 

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