United States v. Jesus Rodriguez-Pena ( 2015 )

Case: 14-41143 Document: 00513079544 Page: 1 Date Filed: 06/16/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-41143
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 16, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JESUS RODRIGUEZ-PENA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-195-1
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jesus Rodriguez-Pena raises
arguments that he concedes are 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 the asserted
age-differential requirement. He also raises an argument that he concedes is
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41143 Document: 00513079544 Page: 2 Date Filed: 06/16/2015
No. 14-41143
foreclosed by United States v. Elizondo-Hernandez, 755 F.3d 779, 782 (5th Cir.
2014), cert. denied, 135 S. Ct. 1011 (2015), 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 unopposed motion for summary disposition
is GRANTED, and the judgment of the district court is AFFIRMED.
2