USA v. Manuel Perez-Mejia, No. 13-40492 (5th Cir. 2013)

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The court issued a subsequent related opinion or order on January 20, 2014.

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Case: 13-40492 Document: 00512476509 Page: 1 Date Filed: 12/19/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40492 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 19, 2013 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. MANUEL PEREZ-MEJIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-64-1 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * Manuel Perez-Mejia (Perez) appeals from the judgment imposed in connection with his guilty plea conviction of being illegally present in the United States after removal. As Perez concedes, the argument he raises on appeal is foreclosed by United States v. Rodriguez, 711 F.3d 541, 557, 562 & n.28 (5th Cir. (en banc), cert denied, 2013 WL 2617911 (U.S. Nov. 4, 2013) (No. 12-10695), in which this court concluded that the generic, contemporary 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40492 Document: 00512476509 Page: 2 Date Filed: 12/19/2013 No. 13-40492 definitions of sexual abuse of a minor and statutory rape do not include an age-differential requirement. Accordingly, Perez s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2