USA v. Sergio Vasquez-Rivera

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UNPUBLISHED OPINION FILED. [13-40894 Affirmed ] Judge: CDK , Judge: CH , Judge: SAH Mandate pull date is 07/08/2014 for Appellant Sergio De Jesus Vasquez-Rivera; granting motion for summary affirmance filed by Appellant Mr. Sergio De Jesus Vasquez-Rivera [7530693-2] [13-40894]

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Case: 13-40894 Document: 00512666205 Page: 1 Date Filed: 06/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40894 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. SERGIO DE JESUS VASQUEZ-RIVERA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1951-1 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Sergio De Jesus VasquezRivera raises an argument that he concedes is foreclosed by United States v. Rodriguez, 711 F.3d 541, 562 n.28 (5th Cir.) (en banc), cert. denied, 134 S. Ct. 512 (2013), in which this court concluded that the generic, contemporary definition of “sexual abuse of a minor” does not include the age-differential requirement asserted. Accordingly, Vasquez-Rivera’s unopposed motion for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40894 Document: 00512666205 Page: 2 Date Filed: 06/17/2014 No. 13-40894 summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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