United States v. Seider Hernandez-Flores

563 F. App'x 290

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 16, 2014
• Docket: 13-40864
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Seider Ismael Hernandez-Flores raises an argument that he concedes is foreclosed by United States v. Izaguirre-Flores, 405 F.3d 270, 277 (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. § 2L1.2(b)(1)(A)(ii). Accordingly, Hernandez-Flores’s unopposed motion for summary disposition is GRANTED, 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.