Case: 12-40829 Document: 00512285875 Page: 1 Date Filed: 06/25/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 25, 2013
No. 12-40829
Summary Calendar 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 46-
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 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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