USA v. Juan Torres-Torre, No. 10-20718 (5th Cir. 2011)

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Case: 10-20718 Document: 00511515042 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-20718 Conference Calendar June 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN TORRES-TORRES, also known as Juan Torres, also known as Juan Torres Torres, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-29-1 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Juan Torres-Torres presents arguments that he concedes are foreclosed by United States v. Ayala, 542 F.3d 494, 494-95 (5th Cir. 2008), which held that a violation of Texas s indecency with a child statute constitutes sexual abuse of a minor and a crime of violence for purposes of an enhancement under U.S.S.G. § 2L1.2. See also United States v. Castro-Guevarra, 575 F.3d 550, 552-53 (5th Cir.), cert. denied, 130 S. Ct. 649 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-20718 Document: 00511515042 Page: 2 Date Filed: 06/21/2011 No. 10-20718 (2009). The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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