USA v. Edy Chilel-Soto, No. 13-40188 (5th Cir. 2013)

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Case: 13-40188 Document: 00512407451 Page: 1 Date Filed: 10/15/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40188 Summary Calendar October 15, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDY GUILMAR CHILEL-SOTO, also known as Edy Chilel Soto-Lopez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1801-1 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Edy Guilmar Chilel-Soto raises an argument that he correctly 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 definitions of statutory rape and sexual abuse of a minor do not include the age-differential requirement that Chilel-Soto asserts is required. The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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