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.
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.