United States v. Simental-Carrillo
United States v. Simental-Carrillo
Opinion of the Court
Armando Simental-Carrillo (Simental) appeals the sentence imposed following his conviction of unlawful reentry pursuant to 8 U.S.C. § 1326. Simental contends that the district court erred by imposing a 16-level crime of violence enhancement based on his prior Texas conviction of indecency by exposure with a child under 17 years of age, a violation of Texas Penal Code
As Simental concedes, his argument is foreclosed by circuit precedent. See United States v. Ayala, 542 F.3d 494, 495 (5th Cir. 2008); United States v. Zavala-Sustaita, 214 F.3d 601, 604 (5th Cir. 2000). Accordingly, the judgment of the district court is AFFIRMED and the Government’s motion for summary affirmance is GRANTED. The alternative request for an extension of time to file a brief is DENIED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
Case-law data current through December 31, 2025. Source: CourtListener bulk data.