United States v. Christian Aguilar-Hernandez

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 21, 2016
• Docket: 15-41512
• Status: Unpublished

Opinion

Case: 15-41512 Document: 00513557351 Page: 1 Date Filed: 06/21/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-41512 Conference Calendar United States Court of Appeals Fifth Circuit

FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

CHRISTIAN AGUILAR-HERNANDEZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-594-1

Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Christian Aguilar- Hernandez 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41512 Document: 00513557351 Page: 2 Date Filed: 06/21/2016

No. 15-41512

United States 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 disposition is GRANTED, and the judgment of the district court is AFFIRMED.