United States v. Cristobal Vazquez-Hernandez

Case: 13-20185 Document: 00512419368 Page: 1 Date Filed: 10/25/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 25, 2013 No. 13-20185 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CRISTOBAL JUSTINO VAZQUEZ-HERNANDEZ, also known as Cristobal Vasquez, also known as Cristobal Justino Vasquez Hernandez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-592-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Cristobal Justino Vazquez- Hernandez 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 require that the age of consent be lower than 17 years old and does not include an 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20185 Document: 00512419368 Page: 2 Date Filed: 10/25/2013 No. 13-20185 differential requirement. The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2