United States v. Leonicio Castaneda-Alfaro , 400 F. App'x 813 ( 2010 )

Case: 09-41118 Document: 00511274458 Page: 1 Date Filed: 10/26/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 26, 2010
No. 09-41118
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LEONICIO CASTANEDA-ALFARO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:09-CR-1517-1
Before SMITH, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Leonicio Castaneda-Alfaro appeals the sentence imposed following his
conviction for unlawful reentry pursuant to 8 U.S.C. § 1326. He contends that
the district court erred by imposing a crime of violence enhancement based on
his conviction under Texas Penal Code § 21.11 for indecency with a child under
17 years of age.
As Castaneda-Alfaro concedes, his argument is foreclosed by circuit
precedent. See United States v. Ayala, 542 F.3d 494, 495 (5th Cir. 2008); United
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-41118 Document: 00511274458 Page: 2 Date Filed: 10/26/2010
No. 09-41118
States v. Zavala-Sustaita, 214 F.3d 601, 607-08 (5th Cir. 2000). Accordingly, the
judgment of the district court is AFFIRMED.
2