U.S. v. Valencia

Full title: UNITED STATES of America, Plaintiff-Appellee v. Teofilo Rodriguez…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 22, 2010

383 F. App'x 419 (5th Cir. 2010)

Opinion

No. 09-20845 Conference Calendar.

June 22, 2010.

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. 4:09-CR-417-1.

Before JOLLY, STEWART, and OWEN, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Teofilo Rodriguez Valencia presents arguments that he concedes 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 enhancement. The appellant's unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.