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United States Court of Appeals, Fifth CircuitOct 20, 2009
333 Fed. Appx. 880 (5th Cir. 2009)

No. 09-20350 Conference Calendar.

October 20, 2009.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for 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.

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, ___ U.S. ___, 129 S.Ct. 1388, 173 L.Ed.2d 639 (2009), which held that a violation of TEXAS PENAL CODE § 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 Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.