Legal Opinion

United States v. Isidro-Acosta

Court of Appeals for the Fifth Circuit

Decided October 26, 2010No. 10-40243PublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

Jose Santos Isidro-Acosta appeals his 41-month sentence following his conviction of unlawful reentry pursuant to 8 U.S.C. § 1326. Isidro-Acosta contends that the district court erred by imposing a 16-level crime of violence enhancement based on his prior Texas conviction of indecency by contact with a child under 17 years of age, a violation of Texas Penal Code § 21.11(a)(2). He argues that the Texas conviction is not within the enumerated offense of sexual abuse of a minor because an offense under § 21.11(a) can be committed against a victim who is 16 years of age. The…

2Cases cited2 opinions

  1. United States v. Zavala-SustaitaCourt of Appeals for the Fifth Circuit · 2000
  2. United States v. AyalaCourt of Appeals for the Fifth Circuit · 2008

3Cited by1 opinion

  1. Castaneda-Alfaro v. United StatesSupreme Court of the United States · 2011

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