USA v. Martin Rivas Medina, No. 13-20551 (5th Cir. 2014)

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Case: 13-20551 Document: 00512666060 Page: 1 Date Filed: 06/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20551 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. MARTIN JESUS RIVAS MEDINA, also known as Martin Jesus Rivas, also known as Martin Rivas, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-304-1 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Martin Jesus Rivas Medina 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 require that the age of consent 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20551 Document: 00512666060 Page: 2 Date Filed: 06/17/2014 No. 13-20551 be lower than seventeen and does not include the age-differential asserted. Accordingly, Rivas Medina s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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