Case: 12-40916 Document: 00512136694 Page: 1 Date Filed: 02/06/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 6, 2013
No. 12-40916
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE ANTONIO LARIUS
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-500-1
Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Jose Antonio Larius raises an
argument that he concedes is foreclosed by United States v. Izaguirre-Flores, 405
F.3d 270, 277-78 (5th Cir. 2005), which held that the North Carolina offense of
taking indecent liberties with a child constitutes “sexual abuse of a minor” and
thus is a crime of violence for purposes of the 16-level enhancement under
United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii). Larius’s motion for
summary disposition is GRANTED, and the judgment of the district court is
AFFIRMED.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.