USA v. Francisco Olguin, No. 12-20104 (5th Cir. 2013)

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Case: 12-20104 Document: 00512304129 Page: 1 Date Filed: 07/11/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-20104 Summary Calendar July 11, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO MARTINEZ OLGUIN, also known as Francisco Martinez, also known as Francisco Olguin Martinez, also known as Francisco Olquin Martinez, also known as Jose Martinez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-520-1 Before STEWART, Chief Judge, and OWEN and GRAVES, Circuit Judges. PER CURIAM:* Francisco Martinez Olguin (Martinez) appeals the 45-month sentence imposed following his conviction for illegal reentry. He contends that the district court erred in enhancing his sentence for a crime of violence under United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii) based on his Texas conviction for indecency with a child under Texas Penal Code § 21.11(a)(1) and (d) (2003). His * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20104 Document: 00512304129 Page: 2 Date Filed: 07/11/2013 No. 12-20104 challenge is foreclosed by our decisions in United States v. Cabecera Rodriguez, 711 F.3d 541, 562 & n.28 (5th Cir. 2013) (en banc), petition for cert. filed, (June 6, 2013)(No. 12-10695) and United States v. Quiroga-Hernandez, 698 F.3d 227, 228 (5th Cir. 2012). The judgment of the district court is AFFIRMED. 2

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