USA v. Rodrigo Jimenez-Binagra

Filing

UNPUBLISHED OPINION FILED. [15-40103 Affirmed ] Judge: EGJ , Judge: JEG , Judge: GJC Mandate pull date is 09/08/2015 for Appellant Rodrigo Jimenez-Binagra; granting motion for summary affirmance filed by Appellant Mr. Rodrigo Jimenez-Binagra [7887325-2] [15-40103]

Case: 15-40103

Document: 00513159299

Page: 1

Date Filed: 08/18/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 15-40103
Conference Calendar

FILED
August 18, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RODRIGO JIMENEZ-BINAGRA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-294-1
Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Rodrigo Jimenez-Binagra
raises an argument that is foreclosed by United States v. Rodriguez, 711 F.3d
541, 562-63 & n.28 (5th Cir. 2013) (en banc), in which we held that the generic,
contemporary definition of “sexual abuse of a minor” does not require the age
of consent to be below 17 years old and does not include the asserted agedifferential requirement. He also raises an argument that is foreclosed by

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40103

Document: 00513159299

Page: 2

Date Filed: 08/18/2015

No. 15-40103
United States v. Elizondo-Hernandez, 755 F.3d 779, 781-82 (5th Cir. 2014),
cert. denied, 135 S. Ct. 1011 (2015), which held that the Texas offense of
indecency with a child by contact satisfied the generic definition of “sexual
abuse of a minor” and which rejected the argument that the offense was not an
aggravated felony. The motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.

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