USA v. Jose Isidro-Acosta

Filing

UNPUBLISHED OPINION FILED. [10-40243 Affirmed ] Judge: JES , Judge: JLD , Judge: EBC Mandate pull date is 11/16/2010 for Appellant Jose Santos Isidro-Acosta; granting motion for summary affirmance filed by Appellee USA [6577225-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6577225-3] [10-40243]

USA v. Jose Isidro-Acosta : 10-40243 Case

Document: 00511274923 Page: 1 Date Filed: 10/26/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-40243 C o n fe r e n c e Calendar October 26, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. J O S E SANTOS ISIDRO-ACOSTA, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 7:09-CR-1513-1

B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* J o s e Santos Isidro-Acosta appeals his 41-month sentence following his c o n v ic t io n of unlawful reentry pursuant to 8 U.S.C. § 1326. Isidro-Acosta

c o n t e n d s that the district court erred by imposing a 16-level crime of violence e n h a n c e m e n t based on his prior Texas conviction of indecency by contact with a child under 17 years of age, a violation of Texas Penal Code § 21.11(a)(2). He a r g u e s that the Texas conviction is not within the enumerated offense of sexual a b u s e of a minor because an offense under § 21.11(a) can be committed against
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

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Case: 10-40243 Document: 00511274923 Page: 2 Date Filed: 10/26/2010 No. 10-40243 a victim who is 16 years of age. The Government moves for summary affirmance in lieu of filing a brief. As Isidro-Acosta concedes, his argument is foreclosed by circuit precedent. See United States v. Ayala, 542 F.3d 494, 495 (5th Cir. 2008); United States v. Z a v a la -S u s ta ita , 214 F.3d 601, 604 (5th Cir. 2000). Accordingly, the judgment o f the district court is AFFIRMED. The Government's motion for summary a ffir m a n c e is GRANTED, and its alternative motion for an extension of time is D E N IE D .

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