USA v. Melvin Cano-Romero

Filing

UNPUBLISHED OPINION FILED. [16-41217 Affirmed] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 04/17/2017 for Appellant Melvin Demetrio Cano-Romero; granting motion for summary affirmance filed by Appellant Mr. Melvin Demetrio Cano-Romero [8396721-2] [16-41217]

Case: 16-41217

Document: 00513927554

Page: 1

Date Filed: 03/27/2017

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

No. 16-41217
Summary Calendar

FILED
March 27, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.

MELVIN DEMETRIO CANO-ROMERO, also known as Julio Alexander MezaMeza,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-602-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Melvin Demetrio Cano-Romero pleaded guilty to illegal reentry and was
sentenced to a 60-month term of imprisonment. On appeal, Cano-Romero
challenges

the

16-level

enhancement

he

received

under

U.S.S.G.

§ 2L1.2(b)(1)(A)(ii). Specifically, he asserts for the first time on appeal that his
2009 Minnesota conviction for criminal sexual assault in the third degree does

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41217

Document: 00513927554

Page: 2

Date Filed: 03/27/2017

No. 16-41217
not qualify as a crime of violence because the statute of conviction does not
require an age differential of at least four years between the defendant and the
victim.
As Cano-Romero concedes, his argument is foreclosed by our opinion in
United States v. Cabecera Rodriguez, 711 F.3d 541, 562 n.28 (5th Cir. 2013) (en
banc), in which we explicitly held that the generic, contemporary definition of
“sexual abuse of a minor” does not include such an age-differential
requirement. Accordingly, Cano-Romero’s motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.

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