United States v. Jared Villarreal-De La Fuente

Case: 14-41373 Document: 00513159051 Page: 1 Date Filed: 08/18/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-41373 August 18, 2015
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JARED VILLARREAL-DE LA FUENTE,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-980-1
Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jared Villarreal-De La
Fuente 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 the
asserted age-differential requirement. He also raises an argument that 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41373 Document: 00513159051 Page: 2 Date Filed: 08/18/2015
No. 14-41373
foreclosed by United States v. Elizondo-Hernandez, 755 F.3d 779, 781-82 (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.” The motion for summary disposition is GRANTED,
and the judgment of the district court is AFFIRMED.
2