Case: 15-40706 Document: 00513308619 Page: 1 Date Filed: 12/15/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40706
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 15, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JUAN MORENO, also known as Juan Carlos Moreno,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-964-1
Before JONES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Juan Moreno 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), which held that the generic,
contemporary definition of “sexual abuse of a minor” does not require the age
of consent to be below 17 years old and does not include the asserted 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40706 Document: 00513308619 Page: 2 Date Filed: 12/15/2015
No. 15-40706
differential requirement. The motion for summary disposition is GRANTED,
and the judgment of the district court is AFFIRMED.
2