Case: 15-40430 Document: 00513307404 Page: 1 Date Filed: 12/15/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40430
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 ANTONIO GONZALEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-959-1
Before JONES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Juan Antonio Gonzalez
raises an argument that he concedes is foreclosed by United States v.
Rodriguez, 711 F.3d 541, 562 & n.28 (5th Cir. 2013) (en banc), which held that
the generic, contemporary definition of “sexual abuse of a minor” does not
include the asserted age-differential requirement. He also raises an argument
that he concedes is foreclosed by United States v. Elizondo-Hernandez, 755
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40430 Document: 00513307404 Page: 2 Date Filed: 12/15/2015
No. 15-40430
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.” The motion for summary
disposition is GRANTED, and the judgment of the district court is AFFIRMED.
2