USA v. Sergio Vasquez-Rivera

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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