USA v. Antonio Ruiz-Acosta
Filing
UNPUBLISHED OPINION FILED. [13-20775 Affirmed ] Judge: CDK , Judge: JLD , Judge: LHS Mandate pull date is 01/06/2015 for Appellant Antonio Ruiz-Acosta; granting motion for summary affirmance filed by Appellant Mr. Antonio Ruiz-Acosta [7670836-2] [13-20775]
Case: 13-20775
Document: 00512871258
Page: 1
Date Filed: 12/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-20775
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 16, 2014
UNITED STATES OF AMERICA,
Plaintiff-Appellee
Lyle W. Cayce
Clerk
v.
ANTONIO RUIZ-ACOSTA, also known as Antonio Ruiz, also known as
Antonio Ruiz Acosta,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:13-CR-539-1
Before KING, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Antonio Ruiz-Acosta raises
issues that he concedes are foreclosed by United States v. Rodriguez, 711 F.3d
541, 562 (5th Cir.) (en banc), cert. denied, 134 S. Ct. 512 (2013), which held
that “the ‘generic, contemporary meaning’ of ‘minor’ in the ‘sexual abuse of a
minor’ category under [U.S.S.G.] § 2L1.2 is a person under the age of majority”
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-20775
Document: 00512871258
Page: 2
Date Filed: 12/16/2014
No. 13-20775
and that the “age of consent for the purposes of ‘statutory rape’ in § 2L1.2 is
the age of consent as defined by statute.” Accordingly, the unopposed motion
for summary disposition is GRANTED, and the judgment of the district court
is AFFIRMED.
2
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