United States v. Gerardo Zavala-Amador
Opinion
Gerardo Zavala-Amador appeals the 57-month sentence imposed following his conviction for illegal reentry. He contends that the district court erred in treating his prior conviction for indecency with a child under Texas Penal Code § 21.11(a)(1) as a crime of violence within the meaning of U.S.S.G. § 2L1.2(b)(l)(A)(ii) and an aggravated felony within the meaning of 8 U.S.C. § 1101(a)(43). His arguments are foreclosed by our decisions in United States v. Elizondo-Hernandez, 755 F.3d 779, 781-82 (5th Cir. 2014), and United States v. Rodriguez, 711 F.3d 541, 560, 562 n. 28 (5th Cir.) (en banc), cert. denied, — U.S.-, 134 S.Ct. 512, 187 L.Ed.2d 365 (2013).
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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R.. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Gerardo ZAVALA-AMADOR, Also Known as Gerardo Zavala, Also Known as Gerardo Amador Zavala, Also Known as Geraro Amador Zavala, Also Known as Rogelio Ayala-Garcia, Defendant-Appellant
- Status
- Unpublished