United States v. Manuel Perez-Mejia

Case: 13-40492 Document: 00512476509 Page: 1 Date Filed: 12/19/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40492
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 19, 2013
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MANUEL PEREZ-MEJIA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-64-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Manuel Perez-Mejia (Perez) appeals from the judgment imposed in
connection with his guilty plea conviction of being illegally present in the
United States after removal. As Perez concedes, the argument he raises on
appeal is foreclosed by United States v. Rodriguez, 711 F.3d 541, 557, 562 &
n.28 (5th Cir. (en banc), cert denied, 2013 WL 2617911 (U.S. Nov. 4, 2013) (No.
12-10695), in which this court concluded that the generic, contemporary
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40492 Document: 00512476509 Page: 2 Date Filed: 12/19/2013
No. 13-40492
definitions of “sexual abuse of a minor” and “statutory rape” do not include an
age-differential requirement. Accordingly, Perez’s motion for summary
affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
2