United States v. David Vasquez-Fonseca , 539 F. App'x 372 ( 2013 )


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  •      Case: 13-20119       Document: 00512347125         Page: 1     Date Filed: 08/20/2013
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    August 20, 2013
    No. 13-20119
    Conference Calendar                      Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    DAVID VASQUEZ-FONSECA, also known as David Vasquez, also known as
    David Vasquez Fonseca, also known as Noe Roa, also known as David Varquez
    Fonseca, also known as David Vazquez,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:12-CR-369-1
    Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges.
    PER CURIAM:*
    Appealing the judgment in a criminal case, David Vasquez-Fonseca raises
    an argument that he concedes is foreclosed by United States v. Rodriguez, 
    711 F.3d 541
    , 559-62 & 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 definition of “sexual abuse of a minor” does not require that the
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20119     Document: 00512347125     Page: 2   Date Filed: 08/20/2013
    No. 13-20119
    age of consent be lower than 17 years old and does not include an age-differential
    requirement. The appellant’s motion for summary disposition is GRANTED,
    and the judgment of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 13-20119

Citation Numbers: 539 F. App'x 372

Judges: Graves, Higginbotham, Per Curiam, Smith

Filed Date: 8/20/2013

Precedential Status: Non-Precedential

Modified Date: 8/7/2023