Case: 12-20104 Document: 00512304129 Page: 1 Date Filed: 07/11/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 11, 2013
No. 12-20104
Summary Calendar 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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