Filed: Mar. 13, 2009
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 13, 2009 No. 08-41001 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. OMAR GUADALUPE PEREZ-BARRA, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-20-1 Before KING, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Omar Guadalupe Perez-Barra appeals the sentence impose
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 13, 2009 No. 08-41001 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. OMAR GUADALUPE PEREZ-BARRA, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-20-1 Before KING, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Omar Guadalupe Perez-Barra appeals the sentence imposed..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 13, 2009
No. 08-41001
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
OMAR GUADALUPE PEREZ-BARRA,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:08-CR-20-1
Before KING, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Omar Guadalupe Perez-Barra appeals the sentence imposed following his
guilty-plea conviction for illegal reentry after deportation, a violation of 8 U.S.C.
§ 1326(a).
Perez-Barra challenges the imposition of an enhancement of sixteen
offense levels pursuant to the United States Sentencing Guidelines
§ 2L1.2(b)(1)(A)(ii). This enhancement was based on a determination that Perez-
Barra’s prior conviction for indecency with a child under Texas Penal Code
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 08-41001
§ 21.11(a)(1) constituted “sexual abuse of a minor” and, thus, a crime of violence
for purposes of § 2L1.2(b)(1)(A)(ii). We have previously held that a conviction for
indecency with a child under Texas Penal Code § 21.11(a)(1) qualifies as a crime
of violence. United States v. Najera-Najera,
519 F.3d 509, 512 (5th Cir. 2008).
Perez-Barra also argues that his sentence was unreasonable and that the
district court failed to adequately explain his sentence. When, as in this case,
a district court chooses to impose a sentence within a properly calculated
guidelines range, that sentence is entitled to a presumption of reasonableness,
Rita v. United States,
127 S. Ct. 2456, 2462 (2007), and little explanation is
required, United States v. Mares,
402 F.3d 511, 519 (5th Cir. 2005). We conclude
that Perez-Barra has not rebutted the presumption of reasonableness and that
the district court’s explanation was sufficient.
AFFIRMED.
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