United States v. Teofilo Valencia , 383 F. App'x 419 ( 2010 )

Case: 09-20845 Document: 00511150109 Page: 1 Date Filed: 06/22/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 22, 2010
No. 09-20845
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TEOFILO RODRIGUEZ VALENCIA,
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:*
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, 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
enhancement. The appellant’s unopposed 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.