DocketNumber: 11-40004
Citation Numbers: 429 F. App'x 435
Judges: Jones, Stewart, Southwick
Filed Date: 6/22/2011
Status: Non-Precedential
Modified Date: 10/19/2024
Case: 11-40004 Document: 00511515711 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 21, 2011 No. 11-40004 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERTO VERA-GONZALEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:10-CR-1279-1 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Roberto Vera-Gonzalez presents arguments that he concedes are foreclosed by United States v. Castro- Guevarra,575 F.3d 550
, 552-53 (5th Cir.), cert. denied,130 S. Ct. 649
(2009), which held that the Texas offense of sexual assault of a child pursuant to § 22.011(a)(2)(A), (c)(1) of the Texas Penal Code is a crime of violence for purposes of U.S.S.G. § 2L1.2(b)(1)(A)(ii). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.