United States v. Darwin Casco-Hernandez

Case: 12-40988 Document: 00512198811 Page: 1 Date Filed: 04/05/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 5, 2013
No. 12-40988
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DARWIN GEOVANNY CASCO-HERNANDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:12-CR-396-1
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Darwin Geovanny Casco-
Hernandez (Casco) raises an argument that he concedes is foreclosed by United
States v. Izaguirre-Flores, 405 F.3d 270, 277-78 (5th Cir. 2005), which held that
the North Carolina offense of taking indecent liberties with a child constitutes
“sexual abuse of a minor” and thus is a crime of violence for purposes of the
16-level enhancement under United States Sentencing Guidelines
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40988 Document: 00512198811 Page: 2 Date Filed: 04/05/2013
No. 12-40988
§ 2L1.2(b)(1)(A)(ii). Casco’s motion for summary disposition is GRANTED, and
the judgment of the district court is AFFIRMED.
2