United States v. Martin Rivas Medina , 573 F. App'x 356 ( 2014 )

Case: 13-20551 Document: 00512666060 Page: 1 Date Filed: 06/17/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-20551
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 17, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MARTIN JESUS RIVAS MEDINA, also known as Martin Jesus Rivas, also
known as Martin Rivas,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:13-CR-304-1
Before KING, HAYNES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Martin Jesus Rivas Medina
raises an argument that he concedes is foreclosed by United States v.
Rodriguez, 711 F.3d 541, 562 & n.28 (5th Cir.) (en banc), cert. denied, 134 S. Ct.
512 (2013), in which this court concluded that the generic, contemporary
definition of “sexual abuse of a minor” does not require that the age of consent
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-20551 Document: 00512666060 Page: 2 Date Filed: 06/17/2014
No. 13-20551
be lower than seventeen and does not include the age-differential asserted.
Accordingly, Rivas Medina’s unopposed motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.
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