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U.S. v. AYALA

No. 07-41149.

542 F.3d 494 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo AYALA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 2008.

Attorney(s) appearing for the Case

Amy Howell Alaniz (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def. (argued), Houston, TX, for Ayala.

Before JOLLY, GARZA and ELROD, Circuit Judges.

PER CURIAM:

Appellant Guillermo Ayala was convicted below of illegal reentry into the United States in violation of 8 U.S.C. § 1326(a)-(b). Prior to being deported, Ayala was convicted of indecency with a child in violation of Texas Penal Code § 21.11(a)(1). Equating "indecency with a child" under Texas law with "sexual abuse of a minor" for purposes of § 2L1.2 of the Federal Sentencing Guidelines, the district court enhanced Ayala's offense level by...

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