United States v. Rodriguez-Rodriguez

668 F. App'x 148
Court of Appeals for the Fifth Circuit·Decided August 16, 2016·No. No. 15-41441 Conference Calendar·Published

Opinion

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 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.

Footnotes

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United States v. Rodriguez-Rodriguez, 668 F. App'x 148 (5th Cir. 2016).

668 F. App'x 148 (United States v. Rodriguez-Rodriguez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)