USA v. Darwin Casco-Hernandez, No. 12-40988 (5th Cir. 2013)

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Case: 12-40988 Document: 00512198811 Page: 1 Date Filed: 04/05/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED April 5, 2013 No. 12-40988 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DARWIN GEOVANNY CASCO-HERNANDEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-396-1 Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Darwin Geovanny CascoHernandez (Casco) 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40988 Document: 00512198811 Page: 2 Date Filed: 04/05/2013 No. 12-40988 § 2L1.2(b)(1)(A)(ii). Casco s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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