Case: 12-40803 Document: 00512247717 Page: 1 Date Filed: 05/20/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 20, 2013
No. 12-40803
Summary Calendar 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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