United States v. Zavala-Sustaita

EMILIO M. GARZA, Circuit Judge:

Juan Agustín 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 two counts of indecency with a child in violation of Texas Penal Code § 21.11(a)(2). The counts were based on a single episode when he exposed himself in…