USA v. Marcos Rivera-Alfaro, No. 13-40075 (5th Cir. 2013)

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Case: 13-40075 Document: 00512347280 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. 13-40075 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARCOS TULIO RIVERA-ALFARO, also known as Marco Tulio Rivera, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11-CR-1644-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Marcos Tulio Rivera-Alfaro 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 agedifferential requirement that Rivera-Alfaro asserts is required. The appellant s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40075 Document: 00512347280 Page: 2 Date Filed: 08/20/2013 No. 13-40075 motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2