USA v. Juan Moreno, No. 15-40706 (5th Cir. 2015)

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Case: 15-40706 Document: 00513308619 Page: 1 Date Filed: 12/15/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40706 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 15, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JUAN MORENO, also known as Juan Carlos Moreno, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-964-1 Before JONES, SOUTHWICK, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Juan Moreno raises an argument that he concedes is foreclosed by United States v. Rodriguez, 711 F.3d 541, 562-63 & n.28 (5th Cir. 2013) (en banc), which held that the generic, contemporary definition of “sexual abuse of a minor” does not require the age of consent to be below 17 years old and does not include the asserted age- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40706 Document: 00513308619 Page: 2 Date Filed: 12/15/2015 No. 15-40706 differential requirement. The motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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