USA v. Martin Tejeda-Silva


UNPUBLISHED OPINION FILED. [13-40032 Affirmed ] Judge: PEH , Judge: JES , Judge: JEG Mandate pull date is 09/10/2013 for Appellant Martin Tejeda-Silva; granting motion for summary affirmance filed by Appellant Mr. Martin Tejeda-Silva [7336485-2] [13-40032]

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Case: 13-40032 Document: 00512347210 Page: 1 Date Filed: 08/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40032 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARTIN TEJEDA-SILVA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1466-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Martin Tejeda-Silva raises an argument that he concedes is foreclosed by United States v. Rodriguez, 711 F.3d 541, 559-62 & n.28 (5th Cir. 2013) (en banc), petition for cert. filed (June 6, 2013) (No. 12-10695), in which this court concluded that the generic, contemporary definition of “sexual abuse of a minor” does not require that the age of consent be lower than 17 years old and does not include an age-differential requirement. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40032 Document: 00512347210 Page: 2 Date Filed: 08/20/2013 No. 13-40032 The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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