USA v. Mario Gomez-Perez, No. 14-40311 (5th Cir. 2014)

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Case: 14-40311 Document: 00512871285 Page: 1 Date Filed: 12/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40311 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 16, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. MARIO GOMEZ-PEREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:13-CR-1055-1 Before KING, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Mario Gomez-Perez raises arguments that he concedes are foreclosed by United States v. Rodriguez, 711 F.3d 541, 562 (5th Cir.) (en banc), cert. denied, 134 S. Ct. 512 (2013), which held that “the ‘generic, contemporary meaning’ of ‘minor’ in the ‘sexual abuse of a minor’ category under [U.S.S.G.] § 2L1.2 is a person under the age of majority” and that the “age of consent for the purposes of ‘statutory rape’ in 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40311 Document: 00512871285 Page: 2 Date Filed: 12/16/2014 No. 14-40311 § 2L1.2 is the age of consent as defined by statute.” Accordingly, the unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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