United States v. Ayala

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 sixteen and imposed a sentence of seventy-eight months’ imprisonment.

Ayala contends that § 21.11(a)(1) proscribes conduct beyond that falling within the…