United States v. Abel Rodriguez-Rodriguez

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 16, 2016
• Docket: 15-41441
• Status: Unpublished

Opinion

Case: 15-41441 Document: 00513639102 Page: 1 Date Filed: 08/16/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-41441 FILED Conference Calendar August 16, 2016 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee

v.

ABEL RODRIGUEZ-RODRIGUEZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-796-1

Before REAVLEY, ELROD, and GRAVES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Abel Rodriguez-Rodriguez raises an argument that is foreclosed by United States v. Rodriguez, 711 F.3d 541, 562-63 & n.28 (5th Cir. 2013) (en banc), in which we held that the generic, contemporary definition of sexual abuse of a minor does not require the age of consent to be below 17 years old and does not include an age-differential requirement. He also raises an argument that is foreclosed by United States

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 15-41441 Document: 00513639102 Page: 2 Date Filed: 08/16/2016

No. 15-41441

v. Elizondo-Hernandez, 755 F.3d 779, 781-82 (5th Cir. 2014), which held that the Texas offense of indecency with a child by contact satisfied the generic definition of sexual abuse of a minor. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.