United States v. Alejandro Martinez-Tavera ( 2012 )

Case: 11-41171 Document: 00511824395 Page: 1 Date Filed: 04/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 17, 2012
No. 11-41171
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ALEJANDRO MARTINEZ-TAVERA, also known as Alejandro Tavera-Martinez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CR-232-1
Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Alejandro Martinez-Tavera
raises an issue that he concedes is foreclosed by United States v. Ayala, 542 F.3d
494, 494-95 (5th Cir. 2008), which held that the Texas offense of indecency with
a child under seventeen years of age is sexual abuse of a minor for purposes of
the U.S.S.G. § 2L1.2 crime of violence enhancement. The appellant’s motion for
summary disposition is GRANTED, and the judgment of the district court is
AFFIRMED.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.