USA v. Salvador Gonzalez-Silva, No. 12-40738 (5th Cir. 2013)

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Case: 12-40738 Document: 00512236563 Page: 1 Date Filed: 05/09/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40738 Summary Calendar May 9, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SALVADOR GONZALEZ-SILVA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-142-1 Before REAVLEY, JOLLY, and DAVIS, Circuit Judges. PER CURIAM:* Salvador Gonzalez-Silva appeals the 57-month sentence imposed following his conviction of being present unlawfully in the United States following deportation. Gonzalez-Silva contends that the district court erred by imposing a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his prior conviction for indecency with a child under § 21.11(a)(1) of the Texas Penal Code. Gonzalez-Silva s arguments are foreclosed by our decisions in United States v. Rodriguez, * F.3d , No. 11-20881, 2013 WL 1092568, at *1, *12 (5th 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40738 Document: 00512236563 Page: 2 Date Filed: 05/09/2013 No. 12-40738 Cir. Mar. 15, 2013) (en banc), and United States v. Quiroga-Hernandez, 698 F.3d 227, 229 (5th Cir. 2012). Accordingly, the judgment of the district court is AFFIRMED. 2

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