Case: 12-41032 Document: 00512251778 Page: 1 Date Filed: 05/23/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 23, 2013
No. 12-41032
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ENRIQUE PERALES ORDUNA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:12-CR-324-1
Before STEWART, Chief Judge, and KING and CLEMENT, Circuit Judges.
PER CURIAM:*
Enrique Perales Orduna (Perales) appeals the 63-month sentence imposed
following his conviction for illegal reentry following deportation in violation of
8 U.S.C. § 1326. Perales argues that the district court plainly 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)(2) of the Texas Penal
Code.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41032 Document: 00512251778 Page: 2 Date Filed: 05/23/2013
No. 12-41032
Perales’s argument is foreclosed by our decisions in United States v.
Rodriguez, 711 F.3d 541, 562-63 (5th Cir. 2013) (en banc), and United States v.
Zavala-Sustaita, 214 F.3d 601, 604-08 (5th Cir. 2000). To the extent that
Perales argues that his prior conviction for indecency with a child does not
constitute sexual abuse of a minor and thus is not an aggravated felony under
8 U.S.C. § 1101(a)(43)(A) for purposes of the enhanced penalty provision in §
1326(b)(2), that argument is also foreclosed. See Zavala-Sustaita, 214 F.3d at
607-08.
Accordingly, the judgment of the district court is AFFIRMED.
2