United States v. Rivera-Castaneda

331 F. App'x 337

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 18, 2009
• Docket: 08-41071
• Status: Unpublished

Opinion

PER CURIAM: *

Celestino Rivera-Castañeda (Rivera) appeals the 70-month sentence imposed following his guilty plea to illegal reentry following a previous deportation. He contends that the district court reversibly erred in applying the U.S.S.G. § 2L1.2 enhancement to his sentence based upon his prior Texas conviction for indecency with a child-contact, a violation of Texas Penal Code § 21.11(a)(1). He asserts that a violation of § 21.11(a)(1) does not constitute the enumerated offense of sexual abuse of a minor for purposes of the § 2L1;2 enhancement.

As Rivera acknowledges, this court has already addressed the issue of whether a prior Texas conviction for indecency with a child, a violation of § 21.11(a)(1), constitutes sexual abuse of a minor for purposes of § 2L1.2(b)(l)(A)(ii). See 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); United States v. Najera-Najera, 519 F.3d 509, 511-12 (5th Cir.), cert. denied,-U.S.-, 129 S.Ct. 139, 172 L.Ed.2d 105 (2008); United States v. Zavala-Sustaita, 214 F.3d 601, 604 (5th Cir.2000). Because Rivera’s only argument on appeal is foreclosed by this court’s precedent, 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* Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.