U.S. v. Castaneda-Alfaro

Full title: UNITED STATES of America, Plaintiff-Appellee v. Leonicio CASTANEDA-ALFARO…

Court: United States Court of Appeals, Fifth Circuit

Date published: Oct 26, 2010

400 F. App'x 813 (5th Cir. 2010)

Opinion

No. 09-41118 Conference Calendar.

October 26, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 5:09-CR-1517-1.

Before SMITH, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR R. 47.5.4.

Leonicio Castaneda-Alfaro appeals the sentence imposed following his conviction for unlawful reentry pursuant to 8 U.S.C. § 1326. He contends that the district court erred by imposing a crime of violence enhancement based on his conviction under Texas Penal Code § 21.11 for indecency with a child under 17 years of age.

As Castaneda-Alfaro concedes, his argument is foreclosed by circuit precedent. See United States v. Ayala, 542 F.3d 494, 495 (5th Cir. 2008); United States v. Zavala-Sustaita, 214 F.3d 601, 607-08 (5th Cir. 2000). Accordingly, the judgment of the district court is AFFIRMED.