USA v. Gerardo Zavala-Amador


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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