USA v. Manuel Perez-Mejia

Filing

UNPUBLISHED OPINION FILED. [13-40492 Affirmed ] Judge: EGJ , Judge: JES , Judge: EBC Mandate pull date is 01/09/2014 for Appellant Manuel Perez-Mejia; granting motion for summary affirmance filed by Appellant Mr. Manuel Perez-Mejia [7467842-2] [13-40492]

Case: 13-40492

Document: 00512476509

Page: 1

Date Filed: 12/19/2013

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40492
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 19, 2013

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
MANUEL PEREZ-MEJIA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-64-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Manuel Perez-Mejia (Perez) appeals from the judgment imposed in
connection with his guilty plea conviction of being illegally present in the
United States after removal. As Perez concedes, the argument he raises on
appeal is foreclosed by United States v. Rodriguez, 711 F.3d 541, 557, 562 &
n.28 (5th Cir. (en banc), cert denied, 2013 WL 2617911 (U.S. Nov. 4, 2013) (No.
12-10695), in which this court concluded that the generic, contemporary

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40492

Document: 00512476509

Page: 2

Date Filed: 12/19/2013

No. 13-40492
definitions of “sexual abuse of a minor” and “statutory rape” do not include an
age-differential requirement.

Accordingly, Perez’s motion for summary

affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

2