United States v. Francisco Olguin
This text of 535 F. App'x 396 (United States v. Francisco Olguin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Francisco Martinez Olguin (Martinez) appeals the 45-month sentence imposed following his conviction for illegal reentry. He contends that the district court erred in enhancing his sentence for a crime of violence under United States Sentencing Guidelines § 2L1.2(b)(l)(A)(ii) based on his Texas conviction for indecency with a child under Texas Penal Code § 21.11(a)(1) and (d) (2003). His challenge is foreclosed by our decisions in United States v. Cabecera Rodriguez, 711 F.3d 541, 562 & n. 28 (5th Cir.2013) (en banc), petition for cert. filed, (June 6, 2013)(No. 12-10695) and United States v. Quiroga-Hernandez, 698 F.3d 227, 228 (5th Cir.2012).
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Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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535 F. App'x 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-francisco-olguin-ca5-2013.