United States v. Mata-Alvarez

667 F. App'x 109
Court of Appeals for the Fifth Circuit·Decided June 21, 2016·No. No. 15-41504 Conference Calendar·Published

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Oscar Mata-Alvarez 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 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.

Footnotes

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United States v. Mata-Alvarez, 667 F. App'x 109 (5th Cir. 2016).

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Related

United States v. Jorge Rodriguez
711 F.3d 541 (Fifth Circuit, 2013)
United States v. Alberto Elizondo-Hernandez
755 F.3d 779 (Fifth Circuit, 2014)