USA v. Martin Garcia-Cordero, No. 12-40803 (5th Cir. 2013)

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Case: 12-40803 Document: 00512247717 Page: 1 Date Filed: 05/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40803 Summary Calendar May 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARTIN GARCIA-CORDERO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-104-1 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* Martin Garcia-Cordero appeals the 41-month sentence imposed following his conviction of being found in the United States after previous deportation. Garcia-Cordero 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 attempted indecency with a child under Section 21.11(a)(1) of the Texas Penal Code. Garcia-Cordero s arguments are foreclosed by our decisions in United States v. Rodriguez, 711 F.3d 541, 562-63 (5th Cir. 2013) (en banc), and United * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40803 Document: 00512247717 Page: 2 Date Filed: 05/20/2013 No. 12-40803 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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