USA v. Oswaldo Ramos-Murrillo, No. 12-40829 (5th Cir. 2013)

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Case: 12-40829 Document: 00512285875 Page: 1 Date Filed: 06/25/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40829 Summary Calendar June 25, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSWALDO RAMOS-MURRILLO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-134-1 Before WIENER, ELROD, and GRAVES, Circuit Judges. PER CURIAM:* Defendant-Appellant Oswaldo Ramos-Murrillo (Ramos) appeals the 46month 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 under Texas Penal Code § 22.021 for aggravated sexual assault of a child under 14. He also contends that the district court erred by refusing to award a three-level reduction for acceptance of responsibility under 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40829 Document: 00512285875 Page: 2 Date Filed: 06/25/2013 No. 12-40829 States Sentencing Guidelines § 3E1.1(b) based on the government s failure to move for the reduction because he refused to waive his right of appeal. Ramos s contentions are foreclosed by our decisions in United States v. Rodriguez, 711 F.3d 541, 562 n.28 (5th Cir. 2013) (en banc), and United States v. Newson, 515 F.3d 374, 376-79 (5th Cir. 2008). The judgment of the district court is AFFIRMED. 2

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