USA v. Jose Larius, No. 12-40916 (5th Cir. 2013)

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Case: 12-40916 Document: 00512136694 Page: 1 Date Filed: 02/06/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40916 Summary Calendar February 6, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE ANTONIO LARIUS Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-500-1 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Jose Antonio Larius raises an argument that he concedes is foreclosed by United States v. Izaguirre-Flores, 405 F.3d 270, 277-78 (5th Cir. 2005), which held that the North Carolina offense of taking indecent liberties with a child constitutes sexual abuse of a minor and thus is a crime of violence for purposes of the 16-level enhancement under United States Sentencing Guidelines ยง 2L1.2(b)(1)(A)(ii). Larius s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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