USA v. Martin Tejeda-Silva

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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