United States v. Najera-Najera

ELROD, Circuit Judge:

Does “indecency with a child” under Texas law constitute a “crime of violence” for purposes of the Federal Sentencing Guidelines? The district court answered “yes” and enhanced Appellant’s sentence for illegal reentry accordingly. We affirm.

I. BACKGROUND

Appellant Roberto Najera-Najera pled guilty in the district court below to one count of illegally reentering the United States after being deported, in violation of 8 U.S.C. § 1326(a) and (b)(2). On January 27, 2006, prior to his deportation, Najera pled guilty to indecency with a child in violation of Texas Penal Code §…