USA v. Guillermo Torres-Menchaca

Filing 920091020

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-20350 Conference Calendar October 20, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GUILLERMO TORRES-MENCHACA, also known as Guillermo Torres, also known as Guillermo Menchaca Torres, also known as Guillermo Mechaca Torres, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-478-1 Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Guillermo Torres-Menchaca raises arguments that are foreclosed by United States v. Ayala, 542 F.3d 494, 495 (5th Cir. 2008), cert. denied, 129 S. Ct. 1388 (2009), which held that a violation of T EXAS P ENAL C ODE § 21.11(a) constitutes the offense of sexual abuse of a minor, justifying a U.S.S.G. § 2L1.2(b)(1)(A)(ii) offense level increase. The Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. * No. 09-20350 Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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