United States v. Gracia-Cantu,
302 F.3d 308 (5th Cir. Aug. 9, 2002) (Texas conviction of
injury to child, in violation of Texas Penal Code § 22.04(a),
was not "crime of violence," and so did not qualify
as an "aggravated felony" under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F) for illegal re-entry sentence enhancement
purposes).

United States v. Charles, 301 F.3d
309 (5th Cir. July 31, 2002) (en banc) (Texas conviction of
simple motor vehicle theft was not a crime of violence under
U.S.S.G.

United States v.
Cervantes-Nava, 281 F.3d 501 (5th Cir. Feb. 4, 2002), cert.
denied, 122 S.Ct. 2379 (2002) (Texas conviction of driving
while intoxicated was not a crime of violence aggravated felony,
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), warranting
increase in base offense level for illegal re-entry offense).

United States v.
Urias-Escobar, 281 F.3d 165 (5th Cir. Jan. 23, 2002), cert.
denied, 122 S.Ct. 2377 (2002) (Texas conviction for misdemeanor
assault with bodily injury, with one year suspended sentence
imposed, was an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F) that warranted an enhanced sentence
under U.S.S.G. § 2L1.2 for illegal re-entry).

United States v.
Hernandez-Neave, 291 F.3d 296 (5th Cir. Dec. 21, 2001) (Texas
conviction for unlawfully carrying firearm in place licensed
to sell alcoholic beverages, in violation of Penal Code §
46.02(c), was not a crime of violence for illegal re-entry
sentencing purposes).

United States v. Charles, 275 F.3d
468 (5th Cir. Dec. 10, 2001) (conviction of vehicle theft
was "crime of violence" under special guideline
for offense presenting "serious potential risk of injury
to another," different from illegal re-entry Guidelines,
governing enhancement to sentence for ex-felon in possession
of firearm conviction), vacated in part upon en banc rehearing,
301 F.3d 309 (5th Cir. July 31, 2002).

United States v. Landeros-Gonzales,
262 F.3d 424 (5th Cir. Aug. 14, 2001) (Texas conviction for
violation of "criminal mischief" statute, for the
intentional marking of anothers property, in violation of
Texas Penal Code § 28.03(a)(1-3), was not a "crime of
violence" and, consequently, was not an "aggravated
felony" warranting an enhanced sentence under U.S.S.G.

United States v. Landeros-Arreola,
260 F.3d 407 (5th Cir.

United
States v. Rivas-Palacios, 244 F.3d 396 (5th Cir. Mar. 9, 2001)
(Texas conviction for unlawful possession of an unregistered
short-barreled shotgun is an aggravated felony crime of violence
for illegal re-entry sentencing purposes), following United
States v. Dunn, 946 F.2d 615, 620-21 (9th Cir. 1991), cert.
denied, 502 U.S. 950, 112 S.Ct. 401 (1991) (involving a sawed-off
shotgun).

United States v.
Chapa-Garza, 243 F.3d 921 (5th Cir. Mar. 1, 2001), rehearing
and rehearing en banc denied, 262 F.3d 479 (5th Cir. Aug.
20, 2001) (Texas conviction for felony driving while intoxicated,
under Tex.