USA v. Roberto Vera-Gonzalez, No. 11-40004 (5th Cir. 2011)

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Case: 11-40004 Document: 00511515711 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. 11-40004 Conference Calendar June 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERTO VERA-GONZALEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:10-CR-1279-1 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Roberto Vera-Gonzalez presents arguments that he concedes are foreclosed by United States v. CastroGuevarra, 575 F.3d 550, 552-53 (5th Cir.), cert. denied, 130 S. Ct. 649 (2009), which held that the Texas offense of sexual assault of a child pursuant to § 22.011(a)(2)(A), (c)(1) of the Texas Penal Code is a crime of violence for purposes of U.S.S.G. § 2L1.2(b)(1)(A)(ii). The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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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