U.S. v. Torres-Menchaca

Full title: UNITED STATES of America, Plaintiff-Appellee v. Guillermo TORRES-MENCHACA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Oct 20, 2009

333 F. App'x 880 (5th Cir. 2009)

Opinion

No. 09-20350 Conference Calendar.

October 20, 2009.

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

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, 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. 4:08-CR-478-1.

Before WIENER, BENAVIDES, and STEWART, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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 affirmance is GRANTED, and the judgment of the district court is AFFIRMED.