United States v. Guillermo Torres-Menchaca

333 F. App'x 880

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 20, 2009
• Docket: 09-20350
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Guillermo Torres-Menchaca raises arguments that are foreclosed by United States v. Ayala, 542 F.3d 494, 495 (5th Cir.2008), cert. denied, — U.S. -, 129 S.Ct. 1388, 173 L.Ed.2d 639 (2009), which held that a violation of Texas Penal Code § 21.11(a) constitutes the offense of sexual abuse of a minor, justifying a U.S.S.G. § 2L1.2(b)(1)(A)(ii) offense level increase. The Government’s motion for summary af-firmance 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.