Case: 15-40440 Document: 00513242355 Page: 1 Date Filed: 10/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40440
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ANGEL RAFAEL HERNANDEZ-AMAYA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-1785-1
Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Angel Rafael Hernandez-
Amaya raises an argument that he concedes is foreclosed by United States v.
Rodriguez, 711 F.3d 541, 562-63 & n.28 (5th Cir. 2013) (en banc), in which we
held that the generic, contemporary definition of “sexual abuse of a minor” does
not require a four-year age-differential between the victim and the perpetrator.
He also raises an argument that he concedes is foreclosed by United States v.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40440 Document: 00513242355 Page: 2 Date Filed: 10/22/2015
No. 15-40440
Elizondo-Hernandez, 755 F.3d 779, 781-82 (5th Cir. 2014), cert. denied, 135
S. Ct. 1011 (2015), which held that the Texas offense of indecency with a child
by contact 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