USA v. David Vasquez-Fonseca, No. 13-20119 (5th Cir. 2013)

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Case: 13-20119 Document: 00512347125 Page: 1 Date Filed: 08/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-20119 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID VASQUEZ-FONSECA, also known as David Vasquez, also known as David Vasquez Fonseca, also known as Noe Roa, also known as David Varquez Fonseca, also known as David Vazquez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-369-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, David Vasquez-Fonseca raises an argument that he concedes is foreclosed by United States v. Rodriguez, 711 F.3d 541, 559-62 & n.28 (5th Cir. 2013) (en banc), petition for cert. filed (June 6, 2013) (No. 12-10695), in which this court concluded that the generic, contemporary definition of sexual abuse of a minor does not require that the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20119 Document: 00512347125 Page: 2 Date Filed: 08/20/2013 No. 13-20119 age of consent be lower than 17 years old and does not include an age-differential requirement. The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2