Case: 14-40311 Document: 00512871285 Page: 1 Date Filed: 12/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40311
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MARIO GOMEZ-PEREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:13-CR-1055-1
Before KING, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Mario Gomez-Perez raises
arguments that he concedes are foreclosed by United States v. Rodriguez, 711
F.3d 541, 562 (5th Cir.) (en banc), cert. denied, 134 S. Ct. 512 (2013), which
held that “the ‘generic, contemporary meaning’ of ‘minor’ in the ‘sexual abuse
of a minor’ category under [U.S.S.G.] § 2L1.2 is a person under the age of
majority” and that the “age of consent for the purposes of ‘statutory rape’ in
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40311 Document: 00512871285 Page: 2 Date Filed: 12/16/2014
No. 14-40311
§ 2L1.2 is the age of consent as defined by statute.” Accordingly, the unopposed
motion for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.
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