Case: 15-40825 Document: 00513471908 Page: 1 Date Filed: 04/20/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40825
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 20, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
SAUL VAZQUEZ-MORALES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-128-1
Before REAVLEY, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Saul Vazquez-Morales raises
an argument that 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 the age of
consent to be below 17 years old and does not include an age-differential
requirement. He also raises an argument that is foreclosed by United States
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40825 Document: 00513471908 Page: 2 Date Filed: 04/20/2016
No. 15-40825
v. 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 a minor.
Accordingly, the motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.
2