United States v. Martinez
United States v. Martinez
Opinion of the Court
Jose Luis Rodriguez Martinez (Rodriguez) appeals the sentence imposed following his conviction for illegal reentry after deportation under 8 U.S.C. § 1326. Rodriguez contends that the district court erred by imposing a 16-level crime of violence enhancement based on his prior Texas conviction for sexual assault of a child, which is a violation of Texas Penal Code
As Rodriguez concedes, his argument is foreclosed by United States v. Castro-Guevarra, 575 F.3d 550 (5th Cir.), cert. denied, — U.S. -, 130 S.Ct. 649, 175 L.Ed.2d 496 (2009). Accordingly, his motion for summary affirmance 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.