U.S. v. ZAVALA-SUSTAITA

No. 99-50911.

214 F.3d 601 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Agustin ZAVALA-SUSTAITA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 2000.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba (argued), San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes (argued), Lucien B. Campbell, San Antonio, TX, for Defendant-Appellant.

Before EMILIO M. GARZA, DeMOSS and STEWART, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Juan Agustin Zavala-Sustaita ("Zavala") asks us to resolve a question of first impression in this circuit: whether sexual indecency with a child by exposure constitutes "sexual abuse of a minor" for purposes of the aggravated felony sentencing enhancement in Sentencing Guidelines § 2L1.2. Because we conclude that this offense is an aggravated felony, we affirm Zavala's sentence.

I

In 1990, Zavala pled guilty to...

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