USA v. Elsar Escobar, No. 13-40010 (5th Cir. 2013)

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Case: 13-40010 Document: 00512347178 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 August 20, 2013 No. 13-40010 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ELSAR ANTONIO ESCOBAR, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-558-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Elsar Antonio Escobar raises an argument that he concedes is foreclosed by United States v. Rodriguez, 711 F.3d 541, 562 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 include the age-differential requirement that Escobar asserts is required. * The appellant s motion for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40010 Document: 00512347178 Page: 2 Date Filed: 08/20/2013 No. 13-40010 summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2