United States v. Seider Hernandez-Flores

Case: 13-40864 Document: 00512598025 Page: 1 Date Filed: 04/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40864 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 16, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. SEIDER ISMAEL HERNANDEZ-FLORES, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-439-1 Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Seider Ismael Hernandez- Flores raises an argument that he concedes is foreclosed by United States v. Izaguirre-Flores, 405 F.3d 270, 277 (5th Cir. 2005), which held that the North Carolina offense of taking indecent liberties with a child constituted “sexual abuse of a minor” and thus is a crime of violence for purposes of the 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Accordingly, Hernandez- * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40864 Document: 00512598025 Page: 2 Date Filed: 04/16/2014 No. 13-40864 Flores’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2