United States v. Miguel De La Cruz-Quintana

613 F. App'x 366

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 18, 2015
• Docket: 14-41309
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Miguel De La Cruz-Quintana raises an argument that is foreclosed by United States v. Izaguirre-Flores, 405 F.3d 270, 277-78 (5th Cir.2005), which held that the North Carolina offense of taking indecent liberties with a child constituted “sexual abuse of a minor” and thus is a crime of violence for purposes of the 16-level enhancement under U.S.S.G. § 2L 1.2(b)(1) (A) (ii).

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.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.