UNITED STATES of America, Plaintiff-Appellee v. Francisco LUGO-GUTIERREZ, Defendant-Appellant, 539 F. App'x 344

PER CURIAM: Francisco Lugo-Gutierrez appeals the 60-month sentence imposed following his conviction of being present unlawfully in the United States following deportation. He argues that the district court erred by imposing a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his prior conviction for indecency with a child by sexual contact under § 21.11(a)(1) of the Texas Penal Code. He concedes, however, that his arguments are foreclosed by our decision in United States v. Rodriguez, 711 F.3d 541, 562-68 (5th Cir.2013) (en banc), 'petition for cert. filed (June 6, 2018) (No. 12-10695).

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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.