Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - TEXAS DEADLY CONDUCT
United States v. Hernandez-Rodriguez, ___ F.3d ___ (5th Cir. Oct. 10, 2006) (Texas conviction of "deadly conduct," as defined in Tex. Penal Code 22.05(b)(1) [knowingly discharge a firearm in the direction of a person] constitutes a crime of violence for purposes of imposing a 16-level sentence enhancement under U.S.S.G. 2L1.2(b), because the offense has an element the threatened use of physical force).
http://caselaw.lp.findlaw.com/data2/circs/5th/0551429cr0p.pdf

RETALIATION - CRIME OF VIOLENCE
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).