USA v. Margarito Sorriano, No. 13-40121 (5th Cir. 2013)

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Case: 13-40121 Document: 00512419435 Page: 1 Date Filed: 10/25/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40121 Conference Calendar October 25, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARGARITO BARRIENTOS SORRIANO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-668-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Margarito Barrientos Sorriano 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 require that the age of consent be lower than 17 years old and does not include an age-differential * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40121 Document: 00512419435 Page: 2 Date Filed: 10/25/2013 No. 13-40121 requirement. The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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