United States v. Guillermo Torres-Menchaca , 333 F. App'x 880 ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 20, 2009
No. 09-20350
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GUILLERMO TORRES-MENCHACA, also known as Guillermo Torres, also
known as Guillermo Menchaca Torres, also known as Guillermo Mechaca Torres,
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:*
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, 129 S. Ct. 1388 (2009), which held that a
violation of T EXAS P ENAL C ODE § 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
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 09-20350
Government’s motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.
2