Case: 12-40738 Document: 00512236563 Page: 1 Date Filed: 05/09/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 9, 2013
No. 12-40738
Summary Calendar 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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