Case: 09-20845     Document: 00511150109          Page: 1    Date Filed: 06/22/2010




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                 FILED
                                                                            June 22, 2010
                                     No. 09-20845
                                  Conference Calendar                       Lyle W. Cayce
                                                                                 Clerk

UNITED STATES OF AMERICA,

                                                   Plaintiff-Appellee

v.

TEOFILO RODRIGUEZ VALENCIA,

                                                   Defendant-Appellant


                    Appeal from the United States District Court
                         for the Southern District of Texas
                              USDC No. 4:09-CR-417-1


Before JOLLY, STEWART, and OWEN, Circuit Judges.
PER CURIAM:*
        Appealing the judgment in a criminal case, Teofilo Rodriguez Valencia
presents arguments that he concedes are foreclosed by United States v. Ayala,

, 495 (5th Cir. 2008), cert. denied, 

(2009), which held
that a violation of T EXAS P ENAL C ODE § 21.11(a) constitutes the offense of sexual
abuse of a minor, justifying a U.S.S.G. § 2L1.2(b)(1)(A)(ii) offense level
enhancement. The appellant’s unopposed motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.

       *
         Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.