USA v. Gerardo Zavala-Amador

Filing

UNPUBLISHED OPINION FILED. [13-20571 Affirmed] Judge: ECP , Judge: PRO , Judge: JEG. Mandate pull date is 12/29/2014 for Appellant Gerardo Zavala-Amador [13-20571]

Case: 13-20571

Document: 00512860773

Page: 1

Date Filed: 12/08/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-20571
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 8, 2014

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

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
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:13-CR-323-1
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
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)(1)(A)(ii) and an aggravated felony within the meaning of 8 U.S.C.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-20571

Document: 00512860773

Page: 2

Date Filed: 12/08/2014

No. 13-20571
§ 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, 134
S. Ct. 512 (2013).
The judgment of the district court is AFFIRMED.

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