U.S. v. Torres-Torres

Full title: UNITED STATES of America, Plaintiff-Appellee v. Juan TORRES-TORRES, also…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 21, 2011

429 F. App'x 411 (5th Cir. 2011)

Opinion

No. 10-20718 Conference Calendar.

June 21, 2011.

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

Marjorie A. Meyers, Federal Public Defender, Molly Estelle Odom, Esq., 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. 4:10-CR-29-1.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Juan Torres-Torres presents arguments that he concedes are foreclosed by United States v. Aycda, 542 F.3d 494, 494-95 (5th Cir. 2008), which held that a violation of Texas's indecency with a child statute constitutes "sexual abuse of a minor" and a crime of violence for purposes of an enhancement under U.S.S.G. § 2L1.2. See also United States v. Castro-Guevarra, 575 F.3d 550, 552-53 (5th Cir.), cert. denied, ___ U.S. ___, 130 S.Ct. 649, 175 L.Ed.2d 496 (2009). The appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.