United States v. Felix Garcia-Tobias

438 F. App'x 278

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 16, 2011
• Docket: 11-40067
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Felix Garcia-Tobias presents arguments that he concedes are foreclosed by United States v. Ayala, 542 F.3d 494, 494-95 (5th Cir.2008), and United States v. Zavala-Sustaita, 214 F.3d 601, 604, 607 (5th Cir.2000), which held that a violation of Texas’s indecency with a child by exposure statute constitutes “sexual abuse of a minor” and a crime of violence for purposes of an enhancement under U.S. Sentencing Guidelines Manual § 2L1.2. The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.