Case: 15-40255 Document: 00513241739 Page: 1 Date Filed: 10/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40255
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MAURICIO ALEJANDRO VAZQUEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-741-1
Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Mauricio Alejandro Vazquez
raises arguments that are foreclosed by United States v. Rodriguez, 711 F.3d
541, 562-63 & n.28 (5th Cir. 2013) (en banc), in which this court held that the
generic, contemporary definition of “sexual abuse of a minor” does not require
that the age of consent be below 17 years old and does not include an age
differential requirement, and United States v. Elizondo-Hernandez, 755 F.3d
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40255 Document: 00513241739 Page: 2 Date Filed: 10/22/2015
No. 15-40255
779, 782 (5th Cir. 2014), cert. denied, 135 S. Ct. 1011 (2015), in which this court
held that indecency with a child by contact under Texas Penal Code § 21.11
satisfied the generic definition of “sexual abuse of minor.” Accordingly, the
motion for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.
2