USA v. Eladio Crispin, No. 13-40406 (5th Cir. 2014)

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Case: 13-40406 Document: 00512539631 Page: 1 Date Filed: 02/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40406 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ELADIO CRISPIN, also known as Eladio Crispin-Morones, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-382-1 Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Eladio Crispin raises an argument that he concedes is foreclosed by United States v. Rodriguez, 711 F.3d 541, 562 n.28 (5th Cir.) (en banc), cert. denied, 134 S. Ct. 512 (2013), in which this court held that the generic, contemporary definition of sexual abuse of a minor does not include the age-differential requirement asserted. Accordingly, the unopposed 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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