USA v. Antonio Ruiz-Acosta

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UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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