United States v. Jose Olvera-Rojas

Case: 12-41436 Document: 00512346993 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. 12-41436 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ADAN OLVERA-ROJAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1270-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Jose Adan Olvera-Rojas raises an argument that he concedes is foreclosed by United States v. Rodriguez, 711 F.3d 541, 562 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 include the age-differential requirement that Olvera-Rojas asserts is required. The appellant’s motion for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41436 Document: 00512346993 Page: 2 Date Filed: 08/20/2013 No. 12-41436 summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2